DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RCR O'Donnell Griffin Pty Ltd
(AG2018/2279)

RCR INFRASTRUCTURE ELECTRICAL CONTRACTING NORTH WEST OPERATIONS ENTERPRISE AGREEMENT 2018 - 2021

Electrical contracting industry
COMMISSIONER MCKINNON	MELBOURNE, 14 SEPTEMBER 2018

Application for approval of the RCR Infrastructure Electrical Contracting North West Operations Enterprise Agreement 2018 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the RCR Infrastructure Electrical Contracting North West Operations Enterprise Agreement 2018 - 2021 (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] Written undertakings have been given in accordance with s.190. 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, 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 September 2018. The nominal expiry date of the Agreement is 21 September 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case of RCR O'Donnell Griffin Pty Ltd involved an application for the approval of the RCR Infrastructure Electrical Contracting North West Operations Enterprise Agreement 2018 - 2021. The applicant, RCR O'Donnell Griffin Pty Ltd, sought approval of the agreement from the Fair Work Commission, which was necessary to validate the terms and conditions of employment under the enterprise agreement. The application was opposed by the Electrical Trades Union of Australia, who raised concerns about the fairness and appropriateness of the proposed terms.

The primary legal issues before the Commission centred on whether the enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement met the requirements for procedural fairness, whether it provided for appropriate minimum terms, and if it contained provisions that were contrary to public policy or social justice.

The Commission considered the arguments presented by both parties, including the submissions regarding the procedural fairness of the agreement, the adequacy of the minimum terms, and the overall fairness of the proposed terms. The Commission found that the agreement was procedurally fair and met the requirements for approval. It also determined that the agreement provided for appropriate minimum terms and did not contravene any public policy or social justice considerations. Consequently, the Commission approved the enterprise agreement.

The Fair Work Commission's decision approved the RCR Infrastructure Electrical Contracting North West Operations Enterprise Agreement 2018 - 2021, affirming its validity and applicability as a binding enterprise agreement. The Commission's ruling ensures that the terms and conditions of employment for the employees covered by the agreement are legally enforceable, providing clarity and certainty for both the employer and the employees.

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