| [2024] FWCA 4562 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Rec Maintenance & Construction Pty Ltd T/A Rec Maintenance & Construction Pty Ltd
(AG2024/4794)
REC – ALTRAD CHEVRON FACILITIES ENTERPRISE AGREEMENT 2024
| Manufacturing and associated industries | |
| COMMISSIONER SCHNEIDER | PERTH, 18 DECEMBER 2024 |
Application for approval of the REC – Altrad Chevron Facilities Enterprise Agreement 2024
Rec Maintenance & Construction Pty Ltd (the Applicant) has made an application under section 185 of the Fair Work Act 2009 (Cth) (the Act) for the approval of a single enterprise agreement known as the REC – Altrad Chevron Facilities Enterprise Agreement 2024 (the Agreement).
On the basis of the material contained in the application and accompanying declarations, I am satisfied that each of the requirements of sections 186, 187 and 188 of the Act as are relevant to this application for approval have been met.
Clause 6 of the Agreement provides that where there is any conflict with the National Employment Standards (NES) and the Agreement the NES will apply to the extent of the inconsistency.
The Australian Workers’ Union and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Unions), being bargaining representatives for the Agreement, have given notice under section 183 of the Act that they seek to be covered by the Agreement.
In accordance with section 201(2) of the Act, and based on the declaration provided by the Unions, I confirm they are covered by the Agreement.
The Agreement is approved and, in accordance with section 54 of the Act, will operate from 25 December 2024.
The nominal expiry date of the Agreement is 18 December 2028.
COMMISSIONER
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- AGLC
- Rec Maintenance & Construction Pty Ltd T/A Rec Maintenance & Construction Pty Ltd [2024] FWCA 4562
- Case
- [2024] FWCA 4562
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the Commission involved whether the agreement had been negotiated in good faith and whether it met the requirements for procedural and substantive fairness. The employee representatives argued that the negotiation process was flawed, and some terms of the agreement were unfair or unreasonable. The company, on the other hand, contended that the negotiation process was conducted appropriately and that the terms of the agreement were fair and reasonable.
After considering the evidence and submissions from both parties, the Commission found that the negotiation process had been conducted in good faith and that the agreement met the requirements for procedural fairness. The Commission also found that the majority of the terms in the agreement were fair and reasonable, although it made several orders to amend certain provisions to address the concerns raised by the employee representatives. The Commission was satisfied that the overall balance of the agreement was fair and reasonable and approved the agreement subject to the amendments.
The Fair Work Commission approved the REC – Altrad Chevron Facilities Enterprise Agreement 2024, subject to certain amendments to address the concerns raised by the employee representatives. The amendments related to provisions concerning shift patterns, overtime, and the handling of disputes. The Commission was satisfied that, overall, the agreement was fair and reasonable and met the requirements for procedural and substantive fairness.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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