DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RCR Asset Maintenance Pty Ltd
(AG2015/7106)

RCR ASSET MAINTENANCE PTY LTD ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 21 JANUARY 2016

Application for approval of the RCR Asset Maintenance Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the RCR Asset Maintenance Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by RCR Asset Maintenance Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 January 2016. The nominal expiry date of the Agreement is 31 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

In this case, the applicant, RCR Asset Maintenance Pty Ltd, sought approval for the RCR Asset Maintenance Pty Ltd Enterprise Agreement 2015. The applicant is an employer in the waste services industry, and the application was brought under the Fair Work Act 2009. The application was contested by the Australian Council of Trade Unions (ACTU), the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU), and the Transport Workers Union (TWU). The nature of the dispute centred around the terms and conditions outlined in the proposed enterprise agreement, with the unions arguing that the agreement did not meet the requirements for approval under the Fair Work Act.

The court was required to determine whether the enterprise agreement contained all the necessary provisions and met the statutory requirements for approval. Key issues included whether the agreement complied with the provisions of section 235 of the Fair Work Act, including the need for the agreement to provide for a procedure for the resolution of disputes and to facilitate the effective management of the workplace. The unions argued that the agreement failed to meet these requirements and, as a result, should not be approved. The applicant contended that the agreement was compliant with the relevant provisions of the Act and should be approved.

The Fair Work Commission found that the enterprise agreement contained all the necessary provisions and was compliant with the requirements of the Fair Work Act. The Commission determined that the agreement provided for a procedure for the resolution of disputes and facilitated the effective management of the workplace. As such, the application was approved. The court emphasised the importance of the statutory requirements and the need for employers to ensure that their enterprise agreements meet these requirements to avoid any potential legal issues. The court further noted that the agreement's provisions were in line with industry standards and best practices, and that the applicant had made a genuine effort to negotiate with the unions.

In conclusion, the court approved the RCR Asset Maintenance Pty Ltd Enterprise Agreement 2015, finding that it met the statutory requirements under the Fair Work Act. The court emphasised the importance of employers ensuring that their enterprise agreements comply with the relevant provisions of the Act, and noted that the agreement in question was in line with industry standards and best practices.

RCR Asset Maintenance Pty Ltd

DECISION

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Legal Principle Established