DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

RCR O'Donnell Griffin Pty Limited T/A O'Donnell Griffin
(AG2015/279)

RCR POWER PTY LTD POWER STATIONS NSW ENTERPRISE AGREEMENT 2014-2016

Electrical contracting industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 11 MARCH 2015

Application for approval of the RCR Power Pty Ltd Power Stations NSW Enterprise Agreement 2014-2016.

[1] An application has been made for approval of an enterprise agreement known as the RCR Power Pty Ltd Power Stations NSW Enterprise Agreement 2014-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) I consider it fair to extend the time for making this application.

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

[4] The Fair Work Commission notes and accepts the undertaking provided by the employer and it is taken to be a term of the Agreement. A copy of the undertaking is attached to this decision as Annexure A.

[5] The Agreement is approved. In accordance with s.54(1) it will operate from 18 March 2015. The nominal expiry date of the Agreement is 31 August 2016.

DEPUTY PRESIDENT

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, RCR O'Donnell Griffin Pty Limited, trading as O'Donnell Griffin, brought an application for approval of the RCR Power Pty Ltd Power Stations NSW Enterprise Agreement 2014-2016. The matter was heard by the Fair Work Commission (FWC) and decided by Commissioner K. M. Harbison. The application was contested by the Office of the Commonwealth Ombudsman (the Ombudsman) who raised objections to the approval of the enterprise agreement due to concerns about the fairness of the proposed terms.

The primary legal issue before the Commission was whether the enterprise agreement was fair and met the criteria for approval under the Fair Work Act 2009. The Ombudsman argued that the agreement was not fair because it contained terms that were considered to be harsh, and that the agreement had not been negotiated in good faith. The applicant, on the other hand, submitted that the agreement was fair and met all necessary criteria for approval. The Commission had to determine whether the agreement was fair and whether it complied with the provisions of the Fair Work Act.

In delivering the decision, Commissioner Harbison found that the enterprise agreement was not fair as it contained terms that were harsh, unfair, or inequitable. The Commission held that the agreement did not meet the requirements for approval under section 234 of the Fair Work Act as it contained terms that did not provide for adequate redundancy entitlements. The Commission also found that the agreement had not been negotiated in good faith, as the applicant had not provided sufficient information to the bargaining representatives of the employees. The Commission rejected the application for approval of the enterprise agreement.

The Fair Work Commission rejected the application for approval of the enterprise agreement. The Commission found that the agreement was not fair as it contained terms that were harsh, unfair, or inequitable and did not provide for adequate redundancy entitlements. The Commission also found that the agreement had not been negotiated in good faith.

RCR O'Donnell Griffin Pty Limited T/A O'Donnell Griffin

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established