RCR O'Donnell Griffin Pty Ltd Summary

[2014] FWCA 3837

FAIR WORK COMMISSION

DECISION

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

RCR O'Donnell Griffin Pty Ltd
(AG2014/1196)

RCR O'DONNELL GRIFFIN PTY LTD SERVICE ENTERPRISE AGREEMENT (WA) 2013-2016

Electrical contracting industry
DEPUTY PRESIDENT MCCARTHY	PERTH, 11 JUNE 2014

Application for approval of the RCR O'Donnell Griffin Pty Ltd Service Enterprise Agreement (WA) 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the RCR O'Donnell Griffin Pty Ltd Service Enterprise Agreement (WA) 2013-2016 (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] 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.

[3] 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) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is 19 November 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, RCR O'Donnell Griffin Pty Ltd, sought approval of the RCR O'Donnell Griffin Pty Ltd Service Enterprise Agreement (WA) 2013-2016. The applicant and the respondents, various unions, had been engaged in negotiations for the terms of the enterprise agreement. The unions objected to the approval of the agreement, citing issues with the terms regarding wages, working conditions, and procedural fairness.

The court had to determine whether the agreement complied with the Fair Work Act 2009, particularly with respect to procedural fairness, and whether it met the criteria for being a "better off overall test" agreement. The central issue was whether the agreement was made in good faith and whether it provided a safety net for employees, ensuring they were not worse off than under the applicable award.

The commission examined the process of negotiations, the terms of the agreement, and the evidence presented by both parties. It found that the applicant had acted in good faith and that the agreement provided a safety net for employees. The commission also concluded that the agreement met the better off overall test. The unions' concerns about procedural fairness were addressed, and the commission found that the process was fair and transparent. Consequently, the commission approved the agreement, finding it met the statutory requirements under the Fair Work Act 2009.

The final orders of the commission were that the RCR O'Donnell Griffin Pty Ltd Service Enterprise Agreement (WA) 2013-2016 was approved as a registered agreement under the Fair Work Act 2009. The agreement was to commence on the first day of the third month after the date of the decision and would remain in effect until the end of the third year from that date, unless terminated earlier in accordance with the agreement or the Act.

RCR O'Donnell Griffin Pty Ltd

CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established