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

[2014] FWCA 3222

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
(AG2014/1069)

RCR O'DONNELL GRIFFIN PTY LTD DATA AND COMMUNICATIONS DEPARTMENT (SOUTH AUSTRALIA) ENTERPRISE AGREEMENT 2014

Electrical contracting industry
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 20 MAY 2014

Application for approval of the RCR O'Donnell Griffin Pty Ltd Data and Communications Department (South Australia) Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the RCR O'Donnell Griffin Pty Ltd Data and Communications Department (South Australia) Enterprise Agreement 2014 (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] 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.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), 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) of the Act, I note that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 May 2014. The nominal expiry date of the Agreement is 1 July 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, RCR O'Donnell Griffin Pty Ltd, trading as O'Donnell Griffin, sought approval of the Data and Communications Department (South Australia) Enterprise Agreement 2014. The applicant sought to have the agreement registered as a modern award, effective from the date of the application. The application was made under section 233 of the Fair Work Act 2009.

The central legal issue before the Commission was whether the provisions of the proposed agreement were consistent with the requirements of the Fair Work Act, particularly in relation to the fair and equitable treatment of employees. This involved assessing whether the agreement met the criteria for registration as a modern award, including whether it provided for fair and reasonable terms and conditions of employment. The Commission also had to consider the impact of the agreement on employees' rights and protections under the Fair Work Act.

In its reasoning, the Commission examined the provisions of the agreement and found that they were largely consistent with the requirements of the Fair Work Act. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment, and did not adversely affect the rights and protections of employees. The Commission was satisfied that the agreement provided for the fair and equitable treatment of employees and that it was in the best interests of the employees and the employer. Accordingly, the Commission approved the agreement and ordered that it be registered as a modern award.

The final order of the Commission was that the Data and Communications Department (South Australia) Enterprise Agreement 2014 be registered as a modern award, effective from the date of the application. The agreement was to be published on the Fair Work Commission's website and made available to the public. The registration of the agreement as a modern award meant that it would apply to all employees in the relevant industry or occupational group, unless a different agreement was in place.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established