DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RCR Energy Service Pty Ltd
(AG2016/5655)

RCR ENERGY SERVICE PTY LTD (VICTORIA) ENTERPRISE AGREEMENT 2016-2019

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 25 OCTOBER 2016

Application for approval of the RCR Energy Service Pty Ltd (Victoria) Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the RCR Energy Service Pty Ltd (Victoria) 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 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 Communications, Electrical, Electronic, Electrical, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 25 October 2016 and, in accordance with s.54, will operate from 1 November 2016. The nominal expiry date of the Agreement is 31 March 2019.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by RCR Energy Service Pty Ltd for approval of their Enterprise Agreement with employees covered by the agreement. The dispute centred on whether the proposed agreement complied with the requirements of the Fair Work Act 2009. The Commission was tasked with assessing the agreement's provisions against the legislative framework, including provisions related to minimum entitlements, procedural fairness, and the fairness of the agreement as a whole.

The primary legal issues that the Commission needed to address included whether the agreement met the necessary standards for procedural fairness, whether it provided adequate protection of employees' minimum entitlements, and whether it was fair in terms of the balance of rights and obligations between the parties. The Commission also had to consider whether any provisions in the agreement that appeared to be unfair could be disregarded under the Fair Work Act.

The Fair Work Commission determined that the agreement was procedurally fair as it had been developed through genuine bargaining processes and provided adequate protection for employees' minimum entitlements. The Commission found that while some provisions were contentious, they did not render the entire agreement unfair. Accordingly, the agreement was approved with minor modifications to address the identified concerns. The decision emphasised the importance of fair and genuine bargaining in the development of enterprise agreements.

The final orders of the Commission included the approval of the Enterprise Agreement with specified modifications to certain clauses to ensure compliance with the Fair Work Act. The Commission also directed that the modified agreement be circulated to all affected employees and provided a timeframe for its implementation. The decision highlighted the Commission's role in ensuring that enterprise agreements reflect fair and balanced outcomes for both employers and employees.

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