DECISION

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

RCR Haden Pty Ltd
(AG2015/3397)

RCR HADEN PTY LTD SERVICE (CENTRAL QUEENSLAND) ENTERPRISE AGREEMENT 2015-2018

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 13 AUGUST 2015

Application for approval of the RCR Haden Pty Ltd Service (Central Queensland) Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the RCR Haden Pty Ltd Service (Central Queensland) Enterprise Agreement 2015-2018 (the Agreement). The application was made pursuant to s185 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 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 20 August 2015. The nominal expiry date of the Agreement is 30 June 2018.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, RCR Haden Pty Ltd, sought approval of the RCR Haden Pty Ltd Service (Central Queensland) Enterprise Agreement 2015-2018. The applicant is an employer with employees who are members of the Construction, Forestry, Maritime, Mining and Energy Union. The Fair Work Commission (FWC) was required to determine whether the agreement was in the interests of the employees.

The primary legal issues before the FWC were whether the agreement met the criteria set out in the Fair Work Act 2009 for approval and whether it was in the interests of the employees. The FWC needed to consider whether the agreement was free from coercion and undue influence, and whether it provided for the rights and protections of the employees.

The FWC found that the agreement met the criteria for approval. The FWC noted that the agreement was not made under duress or undue influence and provided for the rights and protections of the employees. The FWC also considered that the agreement was in the interests of the employees as it provided for fair and reasonable terms and conditions of employment. The FWC approved the agreement, noting that it provided for the fair and reasonable terms and conditions of employment and was in the interests of the employees.

The FWC approved the RCR Haden Pty Ltd Service (Central Queensland) Enterprise Agreement 2015-2018, finding that it met the criteria for approval and was in the interests of the employees. The agreement was approved for a period of three years, from 1 July 2015 to 30 June 2018. The FWC noted that the agreement provided for fair and reasonable terms and conditions of employment and was in the interests of the employees.

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