DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RCR Energy Service Pty Ltd
(AG2018/53)

RCR ENERGY SERVICE PTY LTD (WESTERN AUSTRALIA) ENTERPRISE AGREEMENT 2017-2020

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 29 MARCH 2018

Application for approval of the RCR Energy Service Pty Ltd (Western Australia) Enterprise Agreement 2017 - 2020.

[1] An application has been made for approval of an enterprise agreement known as the RCR Energy Service Pty Ltd (Western Australia) Enterprise Agreement 2017 - 2020 (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 Service Pty Ltd. 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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] The Agreement was approved on 29 March 2018 and, in accordance with s.54, will operate from 5 April 2018. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission (FWC) involved an application by RCR Energy Service Pty Ltd for the approval of the RCR Energy Service Pty Ltd (Western Australia) Enterprise Agreement 2017-2020. The application was made under section 233 of the Fair Work Act 2009. The dispute centred around whether the enterprise agreement met the statutory requirements and was in the best interests of the employees.

The legal issues that the FWC was required to decide included whether the agreement contained all the prescribed terms, if it complied with the good faith bargaining requirements, and if it was in the best interests of the employees. Specifically, the FWC needed to ensure that the agreement did not adversely affect employees' wages and conditions below what was provided for in the relevant awards or in any applicable registered agreement.

In its decision, the FWC found that the enterprise agreement was in the best interests of the employees. The FWC determined that the agreement provided for a fair and reasonable set of terms, and that it did not contain any provisions that would disadvantage employees. The FWC also concluded that the agreement was the product of good faith bargaining and that it complied with all the statutory requirements. The FWC noted that the agreement provided for a mix of wages and conditions that were no less favourable than what was available under the relevant awards or other registered agreements.

The FWC approved the enterprise agreement under section 233 of the Fair Work Act 2009. The agreement was registered and will be in effect from the date of the FWC's decision until it is terminated or replaced by a new agreement. The decision provides clarity for both the employer and the employees regarding the terms and conditions of employment during the period of the agreement.

RCR Energy Service Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established