DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RCR Haden Pty Ltd
(AG2017/2716)

RCR HADEN MECHANICAL SERVICE ENTERPRISE AGREEMENT (TASMANIA) 2017 - 2018

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 25 OCTOBER 2017

Application for approval of the RCR Haden Mechanical Service Enterprise Agreement (Tasmania) 2017 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the RCR Haden Mechanical Service Enterprise Agreement (Tasmania) 2017 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by RCR Haden 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, 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. 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.

[4] The Agreement was approved on 25 October 2017 and, in accordance with s.54, will operate from 1 November 2017. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, RCR Haden Pty Ltd sought approval for the RCR Haden Mechanical Service Enterprise Agreement (Tasmania) 2017-2018. The applicant, a company operating in the mechanical services industry, proposed this agreement to regulate the employment conditions of its employees. The Commission was tasked with determining whether the agreement met the necessary legal standards for approval under the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement complied with the formal requirements of the Act, including whether it had been genuinely agreed upon by the employer and employees, and if it contained the necessary minimum terms and conditions. The Commission had to assess whether the agreement was made in good faith, and whether it provided for fair and reasonable terms for the employees. Additionally, the Commission needed to ensure that the agreement did not under-provide employees compared to the relevant award or registered agreement.

After considering the evidence and submissions, the Commission determined that the agreement was made in good faith and contained all the necessary minimum terms and conditions. The Commission found that the agreement provided for fair and reasonable terms for the employees and did not under-provide them. The Commission was satisfied that the agreement had been genuinely agreed upon by the parties and met all the legal requirements for approval. Accordingly, the Commission approved the RCR Haden Mechanical Service Enterprise Agreement (Tasmania) 2017-2018.

The final orders of the Commission were that the RCR Haden Mechanical Service Enterprise Agreement (Tasmania) 2017-2018 be approved as a registered agreement under the Fair Work Act 2009, effective from the date of the Commission's decision. The agreement would now regulate the employment conditions of the employees covered by the agreement, providing a framework for their terms and conditions of employment.

RCR Haden 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