RCR O'Donnell Griffin Pty Ltd Summary

[2014] FWCA 2930

FAIR WORK COMMISSION

DECISION

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

RCR O'Donnell Griffin Pty Ltd
(AG2014/868)

RCR O'DONNELL GRIFFIN QUEENSLAND LNG PROJECTS UNION GREENFIELD AGREEMENT

Electrical contracting industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 5 MAY 2014

Application for approval of the RCR O'Donnell Griffin Queensland LNG Projects Union Greenfield Agreement.

[1] An application has been made for approval of an enterprise agreement known as the RCR O'Donnell Griffin Queensland LNG Projects Union Greenfield Agreement (the Agreement). The Agreement is a single-enterprise agreement. It has been made by RCR O’Donnell Griffin Pty Ltd.

[2] The application is made pursuant to s.185 of the Fair Work Act 2009 (the Act). I am satisfied that each of the requirements of ss186 and 187 as are relevant to this application for approval have been met. In particular, I am satisfied that the employee organisation, the Communications, Electrical, Electronic, Energy, Postal Plumbing and Allied Services Union of Australia is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[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 Agreement is approved. In accordance with s.54(1) it will operate from 12 May 2014. The nominal expiry date of the Agreement is 14 April 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of the RCR O'Donnell Griffin Queensland LNG Projects Union Greenfield Agreement by RCR O'Donnell Griffin Pty Ltd. The dispute was heard by the Fair Work Commission (FWC), which is tasked with regulating and approving such agreements under the Fair Work Act 2009 (Cth). The key issue before the FWC was whether the proposed agreement met the necessary criteria for approval, particularly under section 234 of the Act, which mandates that the agreement must provide for fair and reasonable terms and conditions, and be in the best interests of the employees. The application was brought by the employer, RCR O'Donnell Griffin, seeking to have the agreement, which was negotiated with the relevant union, recognised as a greenfield agreement.

The FWC carefully examined the terms and conditions of the proposed agreement, assessing whether they were fair and reasonable and if they provided adequate protections and benefits for the employees. The Commission considered the nature of the work involved in the Queensland LNG projects, the industry standards, and the overall balance of the agreement. The FWC also took into account submissions from both the employer and the union, as well as any other relevant evidence. The central focus was on whether the agreement aligned with the legislative intent to ensure fair and reasonable terms for employees while also considering the broader economic and operational context.

After a thorough review, the FWC determined that the proposed agreement met the necessary criteria for approval. The Commission concluded that the agreement provided fair and reasonable terms and conditions for the employees, and that it was in their best interests. The FWC found that the agreement appropriately balanced the needs of the employer with the protections and benefits for the employees. Consequently, the FWC approved the RCR O'Donnell Griffin Queensland LNG Projects Union Greenfield Agreement, allowing it to come into effect as intended.

The FWC's decision was that the application for approval of the RCR O'Donnell Griffin Queensland LNG Projects Union Greenfield Agreement be granted, with the agreement to be recognised under the Fair Work Act. This approval enables the employer and the union to proceed with the implementation of the agreement, ensuring that the employees are covered by fair and reasonable terms and conditions.

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