DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RCR Energy Service Pty Ltd
(AG2016/5925)

RCR ENERGY SERVICE PTY LTD, QUEENSLAND ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER ROE	SYDNEY, 27 OCTOBER 2016

Application for approval of the RCR Energy Service Pty Ltd, Queensland Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the RCR Energy Service Pty Ltd, Queensland Enterprise Agreement 2016 (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] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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.

[4] The Agreement was approved on 27 October 2016 and, in accordance with s.54, will operate from 3 November 2016. The nominal expiry date of the Agreement is 3 November 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application for approval of the RCR Energy Service Pty Ltd, Queensland Enterprise Agreement 2016 was before the Fair Work Commission (FWC). The applicant, RCR Energy Service Pty Ltd, sought approval of the enterprise agreement under section 233 of the Fair Work Act 2009. The agreement was intended to govern the employment conditions of the company's employees in Queensland. The legal issues that the FWC was required to decide involved the compliance of the agreement with the Fair Work Act 2009, specifically whether the agreement met the requirements for registration and if it was made in good faith.

The FWC considered the submissions from both the applicant and the Australian Council of Trade Unions, which represented the employees. The FWC examined the evidence and submissions to determine if the agreement was made in good faith and whether it complied with the procedural requirements of the Act. The FWC also evaluated if the agreement provided for fair and reasonable terms and conditions of employment. The FWC found that the agreement was made in good faith and that it complied with the requirements of the Fair Work Act 2009. The FWC was satisfied that the agreement provided for fair and reasonable terms and conditions of employment, and that it met the criteria for registration.

Consequently, the FWC approved the RCR Energy Service Pty Ltd, Queensland Enterprise Agreement 2016, deeming it to be a registered agreement under the Fair Work Act 2009. The approval came into effect on the date of the FWC's decision. This decision ensured that the terms and conditions outlined in the agreement would govern the employment relationship between the company and its employees in Queensland.

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