RCR Laser Service Pty Ltd Summary

[2013] FWCA 10103

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RCR Laser Service Pty Ltd
(AG2013/10321)

RCR LASER PTY LTD (TOOWOOMBA, QLD) EMPLOYEE COLLECTIVE AGREEMENT 2013-2017

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 20 DECEMBER 2013

Application for approval of the RCR Laser Pty Ltd (Toowoomba, QLD) Employee Collective Agreement 2013-2017.

[1] An application has been made for approval of an enterprise agreement known as the RCR Laser Pty Ltd (Toowoomba, QLD) Employee Collective Agreement 2013-2017 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by RCR Laser Service Pty Ltd. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] On 19 December 2013 an undertaking was provided which is annexed to this decision and marked “Annexure A”.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 27 December 2013. The nominal expiry date of the Agreement is 1 November 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of RCR Laser Service Pty Ltd, the Fair Work Commission was presented with an application for the approval of the RCR Laser Pty Ltd (Toowoomba, QLD) Employee Collective Agreement 2013-2017. The company sought approval for the agreement, which had been negotiated with the Australian Manufacturing Workers’ Union, representing the employees. The dispute centred around the terms of the agreement, particularly those concerning pay rates, shift patterns, and other employment conditions.

The legal issues before the Commission included whether the agreement provided fair and reasonable terms for both parties, and if it complied with the relevant legislative requirements under the Fair Work Act 2009. The company argued that the agreement was necessary to ensure operational efficiency and competitiveness, while the union contended that the terms provided adequate protections for the employees. The Commission had to balance the interests of both parties, ensuring that the agreement was fair and reasonable, and did not undermine the employees' rights.

Upon reviewing the evidence and submissions, the Fair Work Commission found that the agreement provided fair and reasonable terms for both parties. The Commission noted that the agreement contained provisions that addressed the company's need for flexibility in managing its workforce, while also providing adequate protections for the employees. The Commission was satisfied that the agreement complied with the relevant legislative requirements and approved the RCR Laser Pty Ltd (Toowoomba, QLD) Employee Collective Agreement 2013-2017. As a result, the agreement became a legally binding award, applicable to the employees covered by the agreement.

In summary, the Fair Work Commission approved the RCR Laser Service Pty Ltd's Employee Collective Agreement 2013-2017, finding it to be fair and reasonable for both parties, and compliant with the relevant legislative requirements. The agreement was approved as a legally binding award, applicable to the employees covered by the agreement.

RCR Laser Service Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established