DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RCR Haden Pty Ltd t/a Haden
(AG2015/5152)

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

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 19 OCTOBER 2015

Application for approval of the RCR Haden Pty Ltd Service (North 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 (North Queensland) 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 t/a Haden. 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. 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.

[4] 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.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] The Agreement was approved on 19 October 2015 and, in accordance with s.54, will operate from 26 October 2015. The nominal expiry date of the Agreement is 30 July 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, RCR Haden Pty Ltd, trading as Haden, applied for approval of the RCR Haden Pty Ltd Service (North Queensland) Enterprise Agreement 2015-2018. The application was made by the employer, which sought to have the agreement recognised as a registered agreement under the Fair Work Act 2009. The dispute centred on the terms and conditions of employment for the employees of the company, specifically those covered by the enterprise agreement.

The legal issues the court was required to decide involved the compliance of the enterprise agreement with the statutory requirements of the Fair Work Act. The primary concern was whether the agreement was genuinely negotiated and whether it contained the necessary minimum terms and conditions as stipulated by the Act. Additionally, the court had to assess whether the agreement complied with the procedural requirements, such as the provision of the necessary notices and the availability of the agreement for inspection.

In reaching its decision, the commission examined the evidence presented by the employer regarding the negotiation process and the terms of the agreement. It considered whether the agreement was a genuine bargain between the employer and the employees, and whether the minimum terms and conditions were adequately provided for. The commission also evaluated the procedural aspects, including whether the employer had complied with the requirements to provide the agreement to the employees and to the Fair Work Commission for approval. Ultimately, the commission found that the employer had satisfied the statutory requirements, and thus approved the enterprise agreement as a registered agreement. The final orders confirmed the registration of the agreement, allowing it to take effect and govern the employment conditions of the relevant employees.

RCR Haden Pty Ltd t/a Haden

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established