DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RCR O’Donnell Griffin Pty Ltd T/A RCR O’Donnell Griffin
(AG2017/5196)

RCR INFRASTRUCTURE ACT ENTERPRISE AGREEMENT 2016- 2019

Australian Capital Territory
DEPUTY PRESIDENT COLMAN	MELBOURNE, 22 MARCH 2018

Application for approval of the RCR Infrastructure ACT Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the RCR Infrastructure ACT 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 RCR O’Donnell Griffin Pty Ltd T/A RCR O’Donnell Griffin. 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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 (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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 22 March 2018 and, in accordance with s.54, will operate from 29 March 2018. The nominal expiry date of the Agreement is 30 June 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by RCR O’Donnell Griffin Pty Ltd T/A RCR O’Donnell Griffin for approval of the RCR Infrastructure ACT Enterprise Agreement 2016-2019. The dispute involved the terms and conditions of employment for workers employed under the agreement. The Commission was required to determine whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issues were whether the agreement provided for the proper operation of businesses and provided for fair work outcomes for employees. The Commission examined the terms of the agreement, including pay rates, hours of work, and other conditions, to ensure they were fair and reasonable. The applicant argued that the agreement provided for the proper operation of the business and ensured fair work outcomes for employees. The Commission needed to assess the evidence and arguments presented to determine if the agreement met the statutory requirements.

The Fair Work Commission found that the agreement provided for the proper operation of the business and ensured fair work outcomes for employees. The Commission considered the evidence presented by the applicant, including the economic context of the industry and the need for flexibility in work arrangements. The Commission also considered the views of the employees and the employer. The Commission was satisfied that the agreement met the necessary criteria for approval and granted the application for approval of the RCR Infrastructure ACT Enterprise Agreement 2016-2019.

The Fair Work Commission approved the RCR Infrastructure ACT Enterprise Agreement 2016-2019, effective from 1 July 2016. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment for the employees covered by the agreement. The Commission also noted that the agreement provided for the proper operation of the business and met the statutory requirements for approval. The Commission's decision was based on the evidence and arguments presented by the applicant and the parties involved in the agreement.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established