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

[2014] FWCA 517

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
(AG2013/10514)

O'DONNELL GRIFFIN PTY LTD MAINTENANCE DEPARTMENT WYATT STREET (SOUTH AUSTRALIA) ENTERPRISE AGREEMENT 2013

Electrical contracting industry
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 21 JANUARY 2014

Application for approval of the O'Donnell Griffin Pty Ltd Maintenance Department Wyatt Street (South Australia) Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the O’Donnell Griffin Pty Ltd Maintenance Department Wyatt Street (South Australia) Enterprise Agreement 2013 (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, 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 the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 January 2014. The nominal expiry date of the Agreement is 30 November 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

O'Donnell Griffin Pty Ltd, trading as O'Donnell Griffin, applied to the Fair Work Commission for the approval of the Maintenance Department Wyatt Street (South Australia) Enterprise Agreement 2013. The application was opposed by the Australian Manufacturing Workers' Union. The nature of the dispute centred on the fairness and content of the proposed enterprise agreement, particularly in relation to the terms and conditions of employment for the maintenance department employees.

The legal issues that the Commission had to determine were whether the agreement complied with the requirements of the Fair Work Act 2009, and whether it met the criteria for being a 'better off overall and in the round' agreement. The Commission needed to assess if the proposed agreement provided terms and conditions that were not less favourable than the applicable award or safety net award, and if it met the procedural requirements for approval.

The Commission examined the submissions from both parties and considered the evidence presented. It determined that the agreement was procedurally sound and provided for terms and conditions that were not less favourable than the applicable award or safety net award. The Commission found that the proposed agreement was a 'better off overall and in the round' agreement as it provided for improved pay and conditions for the employees. Consequently, the Commission approved the application and the Maintenance Department Wyatt Street (South Australia) Enterprise Agreement 2013 was registered.

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