RCR O’Donnell Griffin Pty Ltd Summary

[2014] FWCA 6059

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RCR O’Donnell Griffin Pty Ltd
(AG2014/7087)

RCR O’DONNELL GRIFFIN ACT/WAGGA SERVICE ENTERPRISE AGREEMENT 2014

Australian Capital Territory
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 2 SEPTEMBER 2014

Application for approval of the RCR O’Donnell Griffin ACT/Wagga Service Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the RCR O’Donnell Griffin ACT/Wagga Service Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act) by RCR O’Donnell Griffin Pty Ltd. The Agreement is a single-enterprise agreement.

[2] Pursuant to s.190 of the Act I have accepted an undertaking from the employer which relates to superannuation. A copy of the undertaking is attached to this decision at Annexure A.

[3] Subject to the undertakings, which are taken to be terms of the agreement under s.201(3) of the Act, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act, as are relevant to this application for approval, have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 September 2014. The nominal expiry date of the Agreement is 31 December 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

RCR O’Donnell Griffin Pty Ltd applied to the Fair Work Commission for approval of the RCR O’Donnell Griffin ACT/Wagga Service Enterprise Agreement 2014. The application was made by the employer, RCR O’Donnell Griffin Pty Ltd, on the basis that the agreement had been negotiated in good faith, contained the necessary minimum terms, and complied with the requirements of the Fair Work Act 2009.

The legal issues before the court were whether the agreement had been negotiated in good faith, whether it contained the necessary minimum terms, and whether it complied with the requirements of the Fair Work Act 2009. The court considered the evidence provided by both parties and the relevant legal principles. The court found that the agreement had been negotiated in good faith and contained the necessary minimum terms. The court also found that the agreement complied with the requirements of the Fair Work Act 2009.

Accordingly, the court approved the RCR O’Donnell Griffin ACT/Wagga Service Enterprise Agreement 2014. The employer’s application was therefore successful, and the agreement was approved as a registered agreement under the Fair Work Act 2009.

RCR O’Donnell Griffin Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established