RCR Energy Service Pty Ltd

[2019] FWCA 1960

[2019] FWCA 1960

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RCR Energy Service Pty Ltd
(AG2018/6073)

RCR ENERGY SERVICE PTY LTD (SOUTH AUSTRALIA) ENTERPRISE AGREEMENT 2018 - 2022

Manufacturing and associated industries
COMMISSIONER PLATT	ADELAIDE, 25 MARCH 2019

Application for approval of the RCR Energy Service Pty Ltd (South Australia) Enterprise Agreement 2018 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the RCR Energy Service Pty Ltd (South Australia) Enterprise Agreement 2018 - 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by RCR Energy Service Pty Ltd. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 19 March 2019.

[3] On 25 March 2019, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement.

[4] The Agreement contains a National Employment Standards precedence clause.

[5] I note that clauses 19.2, 28.8 and 28.9 of the Agreement purport to enable the employer to deduct monies owing to employees. These clauses can only operate subject to the provisions of s.324 & s.326 of the Act.

[6] The “The Australian Workers’ Union (AWU)”, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers this organisation.

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

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 3 February 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE502497 PR706194>