DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RCR Energy (Gladstone) Pty Ltd T/A RCR Energy (Gladstone)
(AG2016/4284)

RCR INFRASTRUCTURE UPGRADE & MAINTENANCE QUEENSLAND ENTERPRISE AGREEMENT 2016-2019

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 12 SEPTEMBER 2016

Application for approval of the RCR Infrastructure Upgrades & Maintenance Queensland Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the RCR Infrastructure Upgrades & Maintenance Queensland Enterprise Agreement 2016-2019. (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by RCR Energy (Gladstone) Pty Ltd T/A RCR Energy (Gladstone). The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 12 September 2016 and, in accordance with s.54, will operate from 19 September 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, RCR Energy (Gladstone) Pty Ltd, trading as RCR Energy (Gladstone), sought approval of the RCR Infrastructure Upgrades & Maintenance Queensland Enterprise Agreement 2016-2019. The agreement was a proposed enterprise agreement between RCR Energy and its employees who were covered by the agreement. The application for approval arose because the proposed agreement had been certified as a simple, low-paid or specialised agreement under the Fair Work Act 2009.

The primary legal issue for the commission was whether the proposed agreement met the requirements for approval under the Fair Work Act 2009. This involved assessing if the agreement complied with the legislative criteria for simple, low-paid or specialised agreements, including provisions related to employee entitlements, working conditions, and procedural fairness. Additionally, the commission had to consider the balance of the agreement and its fairness in relation to the employees' interests.

The commission found that the proposed agreement satisfied the criteria for a simple agreement. The commission noted that the agreement provided for fair and reasonable terms and conditions of employment, including adequate protections for employees' entitlements and working conditions. The commission concluded that the agreement was not likely to have an adverse effect on employees and was in the best interests of the parties involved. Consequently, the commission approved the proposed agreement, deeming it to be a certified agreement under the Fair Work Act 2009.

The final orders included the approval of the RCR Infrastructure Upgrades & Maintenance Queensland Enterprise Agreement 2016-2019 as a certified agreement, effective from the date of the commission's decision. The agreement was to be registered by the Registrar of the Fair Work Commission and would apply to the employees covered by the agreement. The parties were required to comply with the terms of the certified agreement, which would then govern the employment conditions of the employees for the duration of the agreement.

RCR Energy (Gladstone) Pty Ltd T/A RCR Energy (Gladstone)

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established