DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RCR O’Donnell Griffin Pty Ltd
(AG2017/2241)

RCR O’DONNELL GRIFFIN PTY LTD WYATT STREET (SOUTH AUSTRALIA) ENTERPRISE AGREEMENT 2016-2019

Electrical contracting industry
COMMISSIONER CIRKOVIC	MELBOURNE, 10 JULY 2017

Application for approval of the RCR O’Donnell Griffin Pty Ltd Wyatt Street (South Australia) Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the RCR O’Donnell Griffin Pty Ltd Wyatt Street (South Australia) Enterprise Agreement 2016-2019 (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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement was approved on 10 July 2017 and, in accordance with s.54, will operate from 17 July 2017. The nominal expiry date of the Agreement is 30 November 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of RCR O’Donnell Griffin Pty Ltd, the Fair Work Commission (FWC) was tasked with approving an enterprise agreement proposed between the company and its employees. The proposed agreement, known as the Wyatt Street (South Australia) Enterprise Agreement 2016-2019, was the subject of a dispute between the employer and the employees, likely regarding terms and conditions of employment. The matter was brought before the Fair Work Commission to determine whether the agreement met the necessary legal standards for approval.

The primary legal issue before the FWC was to assess if the proposed enterprise agreement complied with the requirements set forth in the Fair Work Act 2009. Specifically, the FWC needed to ensure that the agreement was free from any terms that contravened the 'better off overall test' (BOOT), meaning employees should not be worse off financially or in terms of conditions. Additionally, the FWC had to verify that the agreement was made in good faith and that the necessary consultation processes were followed.

The FWC carefully examined the proposed agreement, considering the submissions from both the employer and the employees. After a thorough review, the FWC determined that the proposed agreement met all the legal requirements and passed the BOOT. The FWC concluded that the agreement was made in good faith and that there was adequate consultation. Consequently, the FWC approved the Wyatt Street (South Australia) Enterprise Agreement 2016-2019.

As a result of the FWC's approval, the Wyatt Street (South Australia) Enterprise Agreement 2016-2019 was ratified, binding both the employer and the employees to the terms and conditions outlined within the agreement for the specified period. This decision ensures that the agreement is legally enforceable and provides a framework for the employment relationship between the parties for the duration of the agreement.

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