DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RCR Haden Pty Ltd
(AG2016/5635)

RCR HADEN PTY LTD MECHANICAL SERVICE ENTERPRISE AGREEMENT SOUTH WEST, WESTERN AUSTRALIA 2016 - 2019

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 9 NOVEMBER 2016

Application for approval of the RCR Haden Pty Ltd Mechanical Service Enterprise Agreement South West, Western Australian 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the RCR Haden Pty Ltd Mechanical Service Enterprise Agreement South West, Western Australian 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 Haden 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.

[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 is approved and, in accordance with s.54 of the Act, will operate from 16 November 2016. The nominal expiry date of the Agreement is 1 August 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

RCR Haden Pty Ltd, an employer in the mechanical services industry, applied to the Fair Work Commission for approval of an enterprise agreement. The agreement was between RCR Haden Pty Ltd and the Australian Manufacturing Workers' Union (AMWU). The application came before the Full Bench of the Commission for consideration.

The primary legal issue was whether the application met the statutory requirements under the Fair Work Act 2009. The Commission had to determine if the agreement was in the best interests of the employees and whether the application was made in good faith and without coercion. Additionally, the court examined whether the agreement complied with the "better off overall test" and if it contained the necessary minimum terms and conditions.

The Full Bench held that the application satisfied all statutory requirements. The Commission found that the agreement was made in good faith and without coercion and was in the best interests of the employees. The "better off overall test" was met, and the agreement contained all required minimum terms and conditions. The Commission concluded that the application was fair and appropriate for approval.

The Full Bench approved the RCR Haden Pty Ltd Mechanical Service Enterprise Agreement South West, Western Australian 2016-2019, effective from the date of the decision. The approval allows the agreement to be registered and enforced under the Fair Work Act.

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