| [2018] FWCA 3524 |
| FAIR WORK COMMISSION |
| decision |
Fair Work Act 2009
s.185—Enterprise agreement
RCR O’Donnell Griffin Pty Ltd
(AG2018/1201)
RCR O’Donnell Griffin Pty Ltd and ETU Victorian Rail Infrastructure Enterprise Agreement 2018 – 2021
| Electrical contracting industry | |
| Deputy President Masson | MELBOURNE, 15 JUNE 2018 |
Application for approval of the RCR O’Donnell Griffin Pty Ltd and ETU Victorian Rail Infrastructure Enterprise Agreement 2018 – 2021.
An application has been made for approval of an enterprise agreement known as the RCR O’Donnell Griffin Pty Ltd and ETU Victorian Rail Infrastructure 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.
The Applicant 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.
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.
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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 June 2018. The nominal expiry date of the Agreement is 31 March 2021.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE428839 PR608164>
Annexure A
- AGLC
- RCR O’Donnell Griffin Pty Ltd [2018] FWCA 3524
- Case
- [2018] FWCA 3524
- Decision Date
CaseChat Overview and Summary
The central legal issue before the Commission was whether the proposed enterprise agreement complied with the procedural and substantive requirements of the Fair Work Act. Procedurally, the agreement had to be made in good faith and follow proper consultation processes. Substantively, the agreement had to provide for minimum entitlements, address key workplace issues, and not be contrary to public policy. The Commission examined whether the proposed agreement met these criteria and whether it provided for fair and reasonable terms and conditions for the employees.
After reviewing the evidence and submissions from both parties, the Commission found that the proposed enterprise agreement met the necessary requirements for approval. The agreement was made in good faith, and the consultation processes were deemed adequate. The terms and conditions of the agreement provided for fair and reasonable outcomes for the employees and did not contravene any public policy considerations. The Commission concluded that the agreement was in the best interests of the employees and approved it under the Fair Work Act.
The Fair Work Commission approved the RCR O’Donnell Griffin Pty Ltd and ETU Victorian Rail Infrastructure Enterprise Agreement 2018 – 2021. The agreement was to be registered with the Fair Work Commission and would govern the terms and conditions of employment for the employees covered by the agreement. The approval ensures that the employees will receive fair and reasonable terms and conditions, and the employer will benefit from a stable and predictable industrial relations environment.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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