RCR O'Donnell Griffin Pty Ltd

[2019] FWCA 949

[2019] FWCA 949

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RCR O'Donnell Griffin Pty Ltd
(AG2018/5648)

RCR INFRASTRUCTURE NORTH WEST OPERATIONS (RAIL) ENTERPRISE AGREEMENT 2018 - 2021

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 15 FEBRUARY 2019

Application for approval of the RCR Infrastructure North West Operations (Rail) Enterprise Agreement 2018 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the RCR Infrastructure North West Operations (Rail) Enterprise Agreement 2018 - 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by RCR O’Donnell Griffin Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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, 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

•  Clause 7.1 (c) – Employment Categories - Casual;

•  Clause 34.1 – Annual Leave Loading;

•  Clause 29.9 – Notice of Termination;

•  Clause 30 – Abandonment of Employment.

However, noting clause 5.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 February 2019. The nominal expiry date of the Agreement is 22 February 2022.

COMMISSIONER

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Annexure A