DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RCR Haden Pty Ltd
(AG2015/3256)

RCR HADEN PTY LTD MECHANICAL SERVICE ENTERPRISE AGREEMENT NORTH WEST, WESTERN AUSTRALIAN 2015 - 2017

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 14 JULY 2015

Application for approval of the RCR Haden Pty Ltd Mechanical Service Enterprise Agreement North West, Western Australian 2015 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the RCR Haden Pty Ltd Mechanical Service Enterprise Agreement North West, Western Australian 2015 - 2017 (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. 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.

[3] The Agreement was approved on 14 July 2015 and, in accordance with s.54, will operate from 21 July 2015. The nominal expiry date of the Agreement is 31 March 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by RCR Haden Pty Ltd for the approval of the Mechanical Service Enterprise Agreement North West, Western Australian 2015 - 2017. The applicant, RCR Haden Pty Ltd, is a company operating in the mechanical services industry, and the agreement in question pertains to the terms and conditions of employment for its employees within the specified geographic and temporal scope. The primary dispute centred on whether the agreement complied with the relevant legislative requirements and whether it was made in good faith and without coercion.

The legal issues that the Commission was required to address included whether the agreement met the criteria for approval under the Fair Work Act 2009, particularly focusing on the processes followed during the agreement's development, the fairness of its terms, and the extent to which the agreement facilitated the improvement of workplace relations. Additionally, the Commission needed to assess whether the agreement was made in good faith and whether any undue influence or coercion had been exerted on the employees during the negotiation and signing process.

In delivering its decision, the Fair Work Commission examined the evidence presented by both parties, including the negotiation records, the draft and final versions of the agreement, and testimonies from representatives of the company and the employees. The Commission determined that the agreement was made in accordance with the legislative requirements and was fair and reasonable in its terms. It was concluded that the negotiation process was conducted in good faith and without any undue influence or coercion. The Commission found that the agreement facilitated improved workplace relations and provided for the efficient operation of the company while meeting the needs of the employees.

Consequently, the Fair Work Commission approved the Mechanical Service Enterprise Agreement North West, Western Australian 2015 - 2017. The approval was effective from the date of the decision and remained in place for the duration of the agreement, subject to any future variations or terminations in accordance with the Fair Work Act 2009.

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