DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RCR O'Donnell Griffin Pty Ltd
(AG2018/2543)

RCR INFRASTRUCTURE SOUTH AUSTRALIA AND NORTHERN TERRITORY ENTERPRISE AGREEMENT 2018-2022

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 31 OCTOBER 2018

Application for approval of the RCR Infrastructure South Australia and Northern Territory Enterprise Agreement 2018-2022.

[1] An application has been made for approval of an enterprise agreement known as the RCR Infrastructure South Australia and Northern Territory Enterprise Agreement 2018-2022 (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, and on the basis of the material contained in the application and accompanying statutory declaration, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 31 October 2018 and, in accordance with s.54, will operate from 7 November 2018. The nominal expiry date of the Agreement is 31 October 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, RCR O'Donnell Griffin Pty Ltd, sought approval of the RCR Infrastructure South Australia and Northern Territory Enterprise Agreement 2018-2022. The dispute arose as the applicant sought to have the agreement approved under the Fair Work Act 2009, ensuring that the terms and conditions of employment for its employees were compliant with Australian labour laws. The Fair Work Commission heard the application.

The primary legal issue before the Commission was whether the agreement met the criteria for approval as set out in the Fair Work Act. Specifically, the Commission had to consider whether the agreement had been made in accordance with the procedures set out in the Act, and whether it provided for the terms and conditions of employment that were no less favourable than the applicable minimum standards. The Commission also needed to consider if the agreement had been made fairly, without any improper conduct or coercion, and whether it had been made in good faith.

In delivering its decision, the Commission carefully examined the processes followed in the negotiation and finalisation of the agreement. It noted that the applicant had provided evidence of the steps taken to consult with the employees and their representatives. The Commission was satisfied that the agreement had been made in accordance with the relevant procedures and that it provided for terms and conditions that were no less favourable than the applicable minimum standards. Additionally, the Commission found that the agreement had been made fairly and in good faith, without any evidence of improper conduct or coercion. Consequently, the Commission approved the agreement.

The Commission's final order was to approve the RCR Infrastructure South Australia and Northern Territory Enterprise Agreement 2018-2022, thereby ensuring that the terms and conditions of employment were compliant with the Fair Work Act. The applicant's application was therefore successful.

RCR O'Donnell Griffin Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established