DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RCR O’Donnell Griffin Pty Ltd
(AG2017/5937)

RCR O’DONNELL GRIFFIN PTY LTD AND ETU ENTERPRISE AGREEMENT 2017 - 2021

Electrical contracting industry
COMMISSIONER WILSON	MELBOURNE, 20 DECEMBER 2017

Application for approval of the RCR O’Donnell Griffin Pty Ltd and ETU Enterprise Agreement 2017 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the RCR O’Donnell Griffin Pty Ltd and ETU Enterprise Agreement 2017 - 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] 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.

[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 27 December 2017. The nominal expiry date of the Agreement is 31 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, RCR O’Donnell Griffin Pty Ltd applied for approval of the RCR O’Donnell Griffin Pty Ltd and ETU Enterprise Agreement 2017 - 2021. The ETU brought an objection to the proposed agreement. The applicant, a company involved in the construction industry, sought approval of the enterprise agreement, which outlined the terms and conditions of employment for its employees. The ETU, a trade union representing employees in the construction industry, objected to the proposed agreement, arguing that it did not meet the requirements of the Fair Work Act 2009.

The primary legal issue the Commission had to address was whether the proposed enterprise agreement met the statutory requirements set out in the Fair Work Act. Specifically, the Commission had to consider whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it complied with the procedural requirements for the negotiation and approval of enterprise agreements. The Commission also had to determine whether the agreement provided for the appropriate balance of interests between the employer and employees.

In delivering its decision, the Commission noted that the proposed agreement contained provisions that were consistent with the Fair Work Act. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment, and that it complied with the procedural requirements for the negotiation and approval of enterprise agreements. The Commission also found that the agreement provided for an appropriate balance of interests between the employer and employees. Accordingly, the Commission approved the proposed agreement, subject to certain modifications to ensure compliance with the Fair Work Act.

The final orders of the Commission were that the proposed enterprise agreement be approved, subject to modifications to ensure compliance with the Fair Work Act. The modifications included changes to the agreement to ensure that it provided for the appropriate balance of interests between the employer and employees, and to ensure that it complied with the procedural requirements for the negotiation and approval of enterprise agreements. The applicant was required to implement the modifications within a specified timeframe, and to provide the Commission with evidence of compliance.

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