DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RCR O’Donnell Griffin Pty Ltd T/A RCR O’Donnell Griffin
(AG2015/6094)

RCR O’DONNELL GRIFFIN PTY LTD SERVICE NSW ENTERPRISE AGREEMENT 2015-2018

Electrical contracting industry
COMMISSIONER ROE	MELBOURNE, 13 NOVEMBER 2015

Application for approval of the RCR O’Donnell Griffin Pty Ltd Service NSW Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the RCR O'Donnell Griffin Pty Ltd Service NSW Enterprise Agreement 2015-2018 (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] 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, 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 Agreement was approved on 13 November 2015 and, in accordance with s.54, will operate from 20 November 2015. The nominal expiry date of the Agreement is 31 March 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the court involved a dispute regarding the approval of a service NSW enterprise agreement for the period 2015-2018. The applicant, RCR O’Donnell Griffin Pty Ltd, trading as RCR O’Donnell Griffin, sought the court's approval of the agreement, which had been negotiated with the employees' representative. The nature of the dispute centred on the terms of the proposed agreement and whether they complied with the relevant industrial relations legislation.

The primary legal issues before the court were whether the proposed agreement met the requirements set out in the Fair Work Act 2009, particularly in relation to the process of its negotiation and whether the agreement was in the best interests of the employees. The court needed to consider whether the agreement had been made in good faith, whether it contained the necessary provisions, and if it provided fair and reasonable terms for the employees. Additionally, the court had to determine if the agreement would have a detrimental effect on the employees' overall conditions of employment.

In delivering its decision, the court examined the process by which the agreement was negotiated, the content of the agreement itself, and the impact it would have on the employees. The court found that the negotiation process had been conducted in good faith and that the agreement contained all the necessary provisions as required by the Fair Work Act 2009. The court further determined that the terms of the agreement were fair and reasonable and did not have a detrimental effect on the employees' overall conditions of employment. Consequently, the court approved the RCR O’Donnell Griffin Pty Ltd Service NSW Enterprise Agreement 2015-2018.

The final orders of the court included the approval of the enterprise agreement, which would now govern the terms and conditions of employment for the relevant employees until the end of the specified period. The court's decision provided clarity and certainty for both the employer and the employees, ensuring that the agreement was compliant with the relevant industrial relations legislation.

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