RCR Haden Pty Ltd T/A RCR Haden Summary

[2018] FWCA 780

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

RCR Haden Pty Ltd T/A RCR Haden

(AG2017/5075)

RCR Haden Pty Ltd Service (South East Queensland) Enterprise Agreement 2017-2020

Manufacturing and associated industries
Commissioner Johns	SYDNEY, 6 FEBRUARY 2018

Application for approval of the RCR Haden Pty Ltd Service (South East Queensland) Enterprise Agreement 2017-2020.

On 23 October 2017 RCR Haden Pty Ltd T/A RCR Haden (Applicant) made an application for approval of the RCR Haden Pty Ltd Service (South East Queensland) Enterprise Agreement 2017-2020. (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single -enterprise agreement.

The Agreement was lodged within 14 days after it was made.

The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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.

Subject to the undertakings referred to above, the Commission is 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 is approved. In accordance with s 54 of the Act the Agreement will operate from 13 February 2018. The nominal expiry date of the Agreement is 31 January 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved an application by RCR Haden Pty Ltd for the approval of the Service (South East Queensland) Enterprise Agreement 2017-2020. The dispute was heard by the Fair Work Commission (FWC) under the Fair Work Act 2009. The primary issue before the FWC was whether the proposed enterprise agreement met the requirements for approval, particularly in terms of compliance with the "better off overall test" and whether the agreement had been fairly and genuinely negotiated.

The FWC considered the nature of the agreement, the bargaining process, and the overall impact on the employees. The Commission examined whether the agreement provided employees with a minimum of 10% improvement in pay and conditions, whether it was negotiated in good faith, and whether it was appropriate for the bargaining context. The FWC also assessed if the agreement was "free of coercion, duress or unfair tactics" and if the employer had provided necessary information to facilitate the bargaining process. The decision hinged on whether these criteria were met, which would determine the enforceability of the agreement.

The FWC found that the proposed agreement was negotiated in good faith and met the "better off overall test". The FWC was satisfied that the employees would be better off overall under the terms of the agreement. It also determined that the agreement was free from coercion, duress, or unfair tactics, and that the employer had provided the necessary information to facilitate genuine bargaining. Therefore, the FWC approved the enterprise agreement. The decision emphasised the importance of meeting the statutory requirements for approval and ensuring that the agreement genuinely benefits the employees.

RCR Haden Pty Ltd T/A RCR Haden

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established