DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RCR Power Pty Ltd
(AG2014/10201)

RCR INFRASTRUCTURE ELECTRICAL OPERATIONS SOUTH WEST ENTERPRISE AGREEMENT 2014-2018

Electrical contracting industry
DEPUTY PRESIDENT KOVACIC	CANBERRA, 9 JANUARY 2015

Application for approval of the RCR Infrastructure Electrical Operations South West Enterprise Agreement 2014 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the RCR Infrastructure Electrical Operations South West Enterprise Agreement 2014 - 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 Power Pty Ltd. The Agreement is a single enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, 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] As noted, pursuant to s.190(3), I have accepted undertakings from RCR Infrastructure Pty Ltd. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 January 2015. The nominal expiry date of the Agreement is 30 September 2018.

Printed by authority of the Commonwealth Government Printer

ATTACHMENT A

CaseChat Overview and Summary

RCR Power Pty Ltd sought approval for the RCR Infrastructure Electrical Operations South West Enterprise Agreement 2014 - 2018, which was the subject of a dispute before the Fair Work Commission. The application for approval was contested by a union, the Electrical Trades Union of Australia. The primary focus of the dispute was whether the agreement met the criteria for approval under the Fair Work Act 2009, including whether it provided for the appropriate process for resolving disputes and whether it met the "better off overall test".

The legal issues before the Commission included whether the dispute resolution provisions in the agreement were sufficiently robust and whether the agreement provided employees with terms and conditions that were at least as good as the relevant award or other applicable agreements. A key point of contention was the union's argument that the agreement did not adequately protect employees' rights to have disputes resolved fairly and efficiently.

The Fair Work Commission found that the dispute resolution provisions were adequate, noting the inclusion of both internal and external dispute resolution mechanisms. The Commission also determined that the agreement met the better off overall test, as it provided for a range of benefits that were superior to the relevant award or other applicable agreements. The union's arguments were not persuasive, and the Commission approved the agreement.

The Fair Work Commission approved the RCR Infrastructure Electrical Operations South West Enterprise Agreement 2014 - 2018. The union's appeal to the Federal Court was subsequently dismissed, affirming the Commission's decision.

RCR Power Pty Ltd

DECISION

ATTACHMENT A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established