DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RCR Haden Pty Ltd
(AG2017/3703)

RCR HADEN PTY LTD SERVICE GREATER SYDNEY ENTERPRISE AGREEMENT 2017-2020

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	PERTH, 14 DECEMBER 2017

Application for approval of the RCR Haden Pty Ltd Service Greater Sydney Enterprise Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the RCR Haden Pty Ltd Service Greater Sydney Enterprise Agreement 2017-2020 (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] 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] The Agreement was approved on 14 December 2017 and, in accordance with s.54, will operate from 21 December 2017. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, RCR Haden Pty Ltd applied for the approval of the RCR Haden Pty Ltd Service Greater Sydney Enterprise Agreement 2017-2020. The applicant, a company operating in the service industry, sought to have the agreement recognised as a registered enterprise agreement under the Fair Work Act 2009. The dispute centred around the validity of the agreement and whether it met the statutory requirements for registration.

The central legal issue before the Commission was whether the enterprise agreement was made in good faith and whether it contained the necessary minimum terms as prescribed by the Act. Additionally, the Commission had to determine if the agreement had been fairly and properly negotiated and if the requisite employee support had been achieved. These issues required careful examination of the negotiation process, the terms of the agreement, and the evidence provided regarding employee support.

In examining these issues, the Commission considered the negotiation process and the evidence of employee support. It was found that the agreement was made in good faith and that the negotiation process was fair and proper. The terms of the agreement were also found to comply with the minimum requirements of the Act, and the requisite employee support was achieved. Consequently, the Commission approved the agreement as a registered enterprise agreement.

The Fair Work Commission approved the RCR Haden Pty Ltd Service Greater Sydney Enterprise Agreement 2017-2020, registering it as a registered enterprise agreement under the Fair Work Act 2009. This decision recognised the agreement as a valid and legally binding contract between the employer and the employees, providing a framework for their employment terms and conditions.

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