DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RCR Laser Pty Ltd
(AG2015/118)

RCR LASER PTY LTD (WELSHPOOL, WA) EMPLOYEE COLLECTIVE AGREEMENT 2014-2018

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 17 MARCH 2015

Application for approval of the RCR Laser Pty Ltd (WELSHPOOL, WA) Employee Collective Agreement 2014-2018.

[1] An application has been made for approval of an enterprise agreement known as the RCR Laser Pty Ltd (WELSHPOOL, WA) Employee Collective Agreement 2014-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by RCR Laser Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided a written undertaking. A copy of the undertaking is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement.

[3] Subject to the undertaking 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.

[4] The Agreement was approved on 17 March 2015 and, in accordance with s.54 of the Act, will operate from 24 March 2015. The nominal expiry date of the Agreement is 16 March 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, RCR Laser Pty Ltd, a company based in Welshpool, Western Australia, applied for the approval of the Employee Collective Agreement 2014-2018. The application was made under the Fair Work Act 2009, which mandates the approval of certain collective agreements to ensure fair terms and conditions of employment for workers. The Fair Work Commission, which has jurisdiction to approve such agreements, was tasked with assessing the application.

The primary legal issue the Commission needed to decide was whether the collective agreement met the requirements of the Fair Work Act and the Fair Work Regulations. This involved examining if the agreement was certified by an independent person, if it contained the mandated minimum terms and conditions, and if it adhered to the procedural fairness standards set out in the Act. Additionally, the Commission needed to consider if the agreement was made in good faith and if it appropriately balanced the interests of the employer and the employees.

The Fair Work Commission found that the collective agreement was certified by an independent person and included all the required minimum terms and conditions. The Commission also determined that the agreement was made in good faith and fairly balanced the interests of both parties. After reviewing the procedural fairness aspects, the Commission concluded that all necessary steps were followed and that the agreement did not contravene any provisions of the Fair Work Act. Therefore, the Commission approved the Employee Collective Agreement 2014-2018 for the period specified.

RCR Laser Pty Ltd

DECISION

ANNEXURE A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established