DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RCR O’Donnell Griffin Pty Ltd t/a RCR O’Donnell Griffin
(AG2016/375)

RCR O’DONNELL GRIFFIN PTY LTD INFRASTRUCTURE NSW ENTERPRISE AGREEMENT 2016-2018

Electrical contracting industry
COMMISSIONER GREGORY	MELBOURNE, 21 MARCH 2016

Application for approval of the RCR O’Donnell Griffin Pty Ltd Infrastructure NSW Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the RCR O’Donnell Griffin Pty Ltd Infrastructure NSW Enterprise Agreement 2016-2018 (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 RCR 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 as are relevant to this application for approval have been met.

[3] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 March 2016. The nominal expiry date of the Agreement is 30 November 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, RCR O’Donnell Griffin Pty Ltd trading as RCR O’Donnell Griffin, sought the Fair Work Commission’s approval of the RCR O’Donnell Griffin Pty Ltd Infrastructure NSW Enterprise Agreement 2016-2018. The application was brought under section 231 of the Fair Work Act 2009, as the agreement had been registered by the applicant but was subject to an objection by the Australian Council of Trade Unions. The Fair Work Commission was required to determine whether the agreement met the requirements for approval under the Fair Work Act.

The key issue for the Commission to decide was whether the agreement provided for the prescribed employee protections and entitlements, including minimum rates of pay and maximum ordinary hours of work. This involved assessing whether the agreement met the criteria set out in the Fair Work Act, such as whether it was in writing, provided for the appropriate classification of employees, and contained provisions that protected employees’ rights. The Commission also had to consider whether the agreement had been made in good faith and whether it was appropriately registered.

The Fair Work Commission found that the agreement provided for the prescribed employee protections and entitlements and was made in good faith. The Commission noted that the agreement contained provisions for minimum rates of pay, maximum ordinary hours of work, and other entitlements, and that it had been appropriately registered. The Commission also found that the agreement was not contrary to public policy and did not have the effect of undermining the operation of the safety nets in the Fair Work Act. Accordingly, the Commission approved the agreement.

The Fair Work Commission approved the RCR O’Donnell Griffin Pty Ltd Infrastructure NSW Enterprise Agreement 2016-2018. The agreement was approved as meeting the requirements of the Fair Work Act and was registered by the Commission. The approval of the agreement provides certainty and stability for the parties and their employees, and ensures that the agreement provides for appropriate employee protections and entitlements.

RCR O’Donnell Griffin Pty Ltd t/a RCR O’Donnell Griffin

DECISION

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Legal Principle Established