RCR Haden Pty Ltd Summary

[2013] FWCA 5737

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RCR Haden Pty Ltd
(AG2013/8481)

ODG HADEN - MAINTENANCE PTY LTD TRARALGON ENTERPRISE AGREEMENT 2013-2017

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 14 AUGUST 2013

Application for approval of the ODG HADEN - Maintenance Pty Ltd Traralgon Enterprise Agreement 2013-2017.

[1] An application has been made for approval of a single-enterprise agreement known as the ODG HADEN - Maintenance Pty Ltd Traralgon Enterprise Agreement 2013-2017 (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 Applicant).

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[3] Pursuant to s.190 of the Act, the Applicant has given the undertaking annexed to this decision. In accordance with s.201(3) of the Act I note that the undertaking 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 21 August 2013. The nominal expiry date of the Agreement is 30 July 2017.

COMMISSIONER

ANNEXURE A

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CaseChat Overview and Summary

RCR Haden Pty Ltd, a civil engineering contractor, applied for approval of the ODG Haden - Maintenance Pty Ltd Traralgon Enterprise Agreement 2013-2017. The application was made to the Fair Work Commission, which was the body responsible for approving the agreement under the Fair Work Act 2009. The Fair Work Commission was required to determine whether the agreement met the criteria for approval, including that it was free from prohibited content, provided for a fair and reasonable safety net, and complied with the good faith bargaining requirement.

The central legal issue before the Commission was whether the agreement contained provisions that were contrary to the public interest, specifically provisions that allowed for the payment of an allowance to certain employees that was not linked to any award or registered agreement. The applicant argued that these provisions were necessary to ensure that the employees in question were not disadvantaged compared to those who were covered by awards or agreements. The Commission had to consider whether these provisions were permissible under the Act and whether they complied with the public interest considerations.

The Commission determined that the provisions in question were not contrary to the public interest and did not prevent the agreement from being approved. The Commission found that the allowance provisions were not intended to undermine the safety net provided by awards and agreements, but rather to ensure that certain employees were not disadvantaged. The Commission also found that the provisions were necessary to address the specific circumstances of the employees in question and were therefore permissible under the Act. The Commission approved the agreement, subject to certain modifications to address other issues identified during the hearing.

The Fair Work Commission approved the ODG Haden - Maintenance Pty Ltd Traralgon Enterprise Agreement 2013-2017, subject to certain modifications. The modifications related to issues such as the calculation of overtime and penalty rates, and the provision of notice of termination of employment. The Commission found that these modifications were necessary to ensure that the agreement complied with the Act and provided for a fair and reasonable safety net. The applicant was directed to implement the modifications within a specified timeframe.

RCR Haden Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established