DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RCR Haden Pty Ltd T/A RCR Haden
(AG2017/3028)

RCR HADEN PTY LTD SOUTH AUSTRALIA ENTERPRISE AGREEMENT 2017 - 2019

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 28 SEPTEMBER 2017

Application for approval of the RCR Haden Pty Ltd South Australia Enterprise Agreement 2017 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the RCR Haden Pty Ltd South Australia Enterprise Agreement 2017 - 2019 (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 RCR 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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] 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] The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 28 September 2017 and, in accordance with s.54, will operate from 5 October 2017. The nominal expiry date of the Agreement is 31 May 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of RCR Haden Pty Ltd T/A RCR Haden, the applicant sought approval for the South Australia Enterprise Agreement 2017-2019. This application was made to the Fair Work Commission (FWC) as it pertained to employment terms and conditions. The applicant argued that the proposed agreement was suitable for the workforce and aligned with the objectives of the Fair Work Act 2009. The dispute centred on whether the agreement met the necessary standards for approval under the Act, including its alignment with the safety net and fairness principles.

The legal issues before the court required an analysis of the proposed agreement's provisions and whether they adhered to the legislative criteria for approval. This involved examining the agreement's terms in relation to minimum wages, penalty rates, leave entitlements, and other employment conditions. The court had to determine if the agreement provided no less favourable terms and conditions than those stipulated by relevant awards and if it complied with the good faith bargaining requirements. Additionally, the court assessed whether the agreement was free from any discriminatory provisions.

The FWC found that the RCR Haden Pty Ltd South Australia Enterprise Agreement 2017-2019 met the necessary criteria for approval. The court considered the terms to be fair and balanced, providing no less favourable conditions than the safety net provided by the Fair Work Act. The FWC also determined that the agreement was the product of good faith bargaining and did not contain any discriminatory provisions. Consequently, the court approved the agreement, recognising its alignment with the legislative objectives and the protection of employee rights.

The final orders of the FWC included the approval of the RCR Haden Pty Ltd South Australia Enterprise Agreement 2017-2019. This decision was based on the findings that the agreement complied with the statutory requirements and provided fair and reasonable terms and conditions for the employees involved.

RCR Haden Pty Ltd T/A RCR Haden

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established