DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RCR Haden Pty Ltd
(AG2016/4382)

RCR HADEN PTY LTD (MELBOURNE AND GEELONG) ENTERPRISE AGREEMENT 2015-2018

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 12 AUGUST 2016

Application for approval of the RCR Haden Pty Ltd (Melbourne and Geelong) Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the RCR Haden Pty Ltd (Melbourne and Geelong) Enterprise Agreement 2015-2018 (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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 August 2016. The nominal expiry date of the Agreement is 31 July 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case involves an application by RCR Haden Pty Ltd to have the RCR Haden Pty Ltd (Melbourne and Geelong) Enterprise Agreement 2015-2018 approved by the Fair Work Commission. The application was brought under the Fair Work Act 2009. The nature of the dispute centred around the conditions of employment, including wages, hours, and other terms and conditions for employees within the specified regions. The Fair Work Commission was tasked with determining whether the agreement met the requirements of the Act and was in the best interests of the employees.

The legal issues the court needed to address included whether the agreement was "better off overall" for the employees, and whether the agreement had been made in good faith and without coercion. The court also had to consider whether the agreement complied with the provisions of the Fair Work Act, including provisions related to minimum wages, penalties, and the protection of employees' rights.

The Fair Work Commission found that the agreement was in the best interests of the employees as it provided for a range of benefits, including wage increases and improved working conditions. The Commission determined that the agreement had been made in good faith and without coercion, and that it complied with the requirements of the Fair Work Act. The Commission approved the agreement, finding that it was "better off overall" for the employees. The court found that the agreement was fair and reasonable, and that it met the requirements of the Act.

The Fair Work Commission approved the RCR Haden Pty Ltd (Melbourne and Geelong) Enterprise Agreement 2015-2018, finding that it was in the best interests of the employees and met the requirements of the Fair Work Act. The agreement was approved as a registered agreement, which means that it will have legal effect and be enforceable under the 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