RCR Energy Service Pty Ltd

[2013] FWCA 9153

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

RCR Energy Service Pty Ltd
(AG2013/9925)

RCR ENERGY SERVICE PTY LTD (WESTERN AUSTRALIA) ENTERPRISE AGREEMENT 2013-2016

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 21 NOVEMBER 2013

Application for approval of the RCR Energy Service Pty Ltd (Western Australia) Enterprise Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the RCR Energy Service Pty Ltd (Western Australia) Enterprise Agreement 2013-2016 (the Agreement). The application was made pursuant to s185 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 Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Agreement is approved and, in accordance with s54 of the Act, will operate from 28 November 2013. The nominal expiry date of the Agreement is 31 August 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, RCR Energy Service Pty Ltd was the applicant seeking approval of the RCR Energy Service Pty Ltd (Western Australia) Enterprise Agreement 2013-2016. The applicant was a company engaged in the provision of energy services, and the respondent was the Construction, Forestry, Manufacturing, Mining and Energy Union. The dispute centred on whether the enterprise agreement met the necessary criteria for approval under the Fair Work Act 2009. The agreement contained provisions on wages, conditions of employment, and other matters pertinent to the workforce.

The central legal issue was whether the enterprise agreement was in compliance with the statutory requirements under the Fair Work Act, including whether it ensured a safety net of minimum wages and conditions, was free from prohibited content, and was not contrary to the public interest. The court needed to examine if the agreement provided adequate protection for employees, including those who were not members of the union, and whether it complied with the procedural fairness standards.

The Fair Work Commission found that the agreement met all the necessary criteria. It was deemed to ensure a safety net of minimum wages and conditions, did not contain any prohibited content, and was not contrary to the public interest. The Commission concluded that the agreement was fair and reasonable, and that it provided adequate protection for all employees, including non-union members. Therefore, the application for approval of the enterprise agreement was successful. The Commission made an order approving the RCR Energy Service Pty Ltd (Western Australia) Enterprise Agreement 2013-2016 in its entirety.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established