RCR O'Donnell Griffin Pty Ltd T/A O'Donnell Griffin

[2014] FWCA 5126

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

RCR O'Donnell Griffin Pty Ltd T/A O'Donnell Griffin
(AG2014/1796)

RCR O'DONNELL GRIFFIN PTY LTD SERVICE WOODVILLE (SOUTH AUSTRALIA) ENTERPRISE AGREEMENT 2014-2016

Electrical contracting industry
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 30 JULY 2014

Application for approval of the RCR O'Donnell Griffin Pty Ltd Service Woodville (South Australia) Enterprise Agreement 2014-2016.

[1] An application has been made for approval of an enterprise agreement known as the RCR O'Donnell Griffin Pty Ltd Service Woodville (South Australia) Enterprise Agreement 2014-2016 (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 T/A O'Donnell Griffin. The Agreement is a single-enterprise agreement.

[2] The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) of the Act, I consider it fair to extend the time for making this application to (date of lodgement).

[3] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 August 2014. The nominal expiry date of the Agreement is 30 November 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

This case involved an application for the approval of a particular enterprise agreement. The applicant, RCR O'Donnell Griffin Pty Ltd trading as O'Donnell Griffin, sought approval of the Service Woodville (South Australia) Enterprise Agreement 2014-2016. The application was heard by the Fair Work Commission (FWC), an Australian federal statutory body responsible for workplace relations. The applicant sought to have the enterprise agreement approved under section 173 of the Fair Work Act 2009. The dispute centred around the terms and conditions outlined in the proposed agreement, which the applicant sought to implement as a binding arrangement for the employees working under it.

The primary legal issue before the FWC was whether the enterprise agreement met the necessary criteria for approval under the Fair Work Act. The FWC needed to consider whether the agreement provided for fair and reasonable terms and conditions of employment. This included assessing whether the agreement included appropriate provisions for minimum wages, penalty rates, hours of work, leave entitlements, and other relevant employment conditions. Additionally, the FWC had to determine whether the agreement had been made in good faith and without coercion.

In reaching its decision, the FWC examined the evidence presented by both the applicant and the employees' representatives. The FWC considered the specific terms of the proposed agreement, the nature of the work being performed, and the bargaining context. The FWC found that the proposed enterprise agreement did provide for fair and reasonable terms and conditions of employment, and that it had been made in good faith and without coercion. Consequently, the FWC approved the Service Woodville (South Australia) Enterprise Agreement 2014-2016, enabling it to be implemented as a binding arrangement between the applicant and the employees.

The FWC's approval of the enterprise agreement means that the terms and conditions outlined in the agreement are now legally binding on the parties. The agreement will govern the employment conditions for the employees covered by it, including wages, hours of work, leave entitlements, and other relevant matters. The approval signifies the FWC's determination that the agreement meets the necessary criteria for approval under the Fair Work Act and provides for fair and reasonable terms and conditions of employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established