RCR O'Donnell Griffin Pty Ltd Summary

[2014] FWCA 5721

FAIR WORK COMMISSION

DECISION

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

RCR O'Donnell Griffin Pty Ltd
(AG2014/7019)

RCR O'DONNELL GRIFFIN NEWCASTLE OPERATIONS ENTERPRISE AGREEMENT 2014-2017

Electrical contracting industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 20 AUGUST 2014

Application for approval of the RCR O'Donnell Griffin Newcastle Operations Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the RCR O'Donnell Griffin Newcastle Operations Enterprise Agreement 2014-2017 (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] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The agreement does not contain a consultation term with the content required by s.205(1) and (1A). Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the agreement.

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

[5] The Agreement is approved. In accordance with s.54(1) it will operate from 27 August 2014. The nominal expiry date of the Agreement is 1 March 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

RCR O'Donnell Griffin Pty Ltd, an applicant, sought approval of the RCR O'Donnell Griffin Newcastle Operations Enterprise Agreement 2014-2017 from the Fair Work Commission. The dispute was over the terms and conditions of employment for the workers within the company's Newcastle operations, with the applicant seeking to formalise the agreement under the Fair Work Act 2009. The matter was heard in the Fair Work Commission, where the applicant argued that the proposed agreement met all necessary criteria for approval under the Act.

The court was tasked with determining whether the agreement complied with the procedural requirements of the Fair Work Act and whether it met the substantive fairness test. The court examined the process of consultation and negotiation between the applicant and the employees' representatives, as well as the fairness of the terms and conditions outlined in the agreement. It considered whether the agreement provided for proper remuneration, conditions of work, and dispute resolution mechanisms that were fair and reasonable.

The Fair Work Commission found that the applicant had conducted appropriate consultation and negotiation processes, and the terms of the agreement were fair and reasonable. The court approved the agreement, highlighting the balanced nature of the provisions, which took into account the interests of both the employer and the employees. The decision was based on the evidence presented and the conclusion that the agreement met the statutory requirements.

The Fair Work Commission granted approval of the RCR O'Donnell Griffin Newcastle Operations Enterprise Agreement 2014-2017, confirming its compliance with the Fair Work Act. The agreement was set to govern the terms and conditions of employment for the specified period, ensuring a legally binding framework for the workplace relations in question.

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