DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RRC Australia
(AG2019/4709)

RRC AUSTRALIA PTY LTD & THE AUSTRALIAN WORKERS' UNION AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER CIRKOVIC	MELBOURNE, 18 DECEMBER 2019

Application for approval of the RRC Australia Pty Ltd & The Australian Workers' Union Agreement 2019.

[1] An application has been made for approval of a greenfields agreement known as the RRC Australia Pty Ltd & The Australian Workers’ Union Agreement 2019 (Agreement). The application was made by pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by RRC Australia.

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that The Australian Workers’ Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Agreement does not cover all of the employees of the employer however taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with The Australian Workers’ Union and that the Agreement covers this organisation.

[5] The Agreement was approved on 18 December 2019 and, in accordance with s.54 of the Act, will operate from 25 December 2019. The nominal expiry date of the Agreement is 28 February 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Federal Court of Australia was called upon to consider the approval of an agreement between RRC Australia Pty Ltd and The Australian Workers' Union. The parties sought the court's approval under the Fair Work Act 2009, specifically in relation to an enterprise agreement that aimed to regulate employment terms and conditions. The application was brought forth by RRC Australia, the employer, and The Australian Workers' Union, the representative of the employees. The union argued that the agreement met the criteria for approval, while RRC Australia sought to ensure that the agreement adhered to the statutory requirements and did not contravene any provisions of the Fair Work Act.

The primary legal issues that the court needed to resolve included whether the agreement had been made in accordance with the procedures outlined in the Fair Work Act, whether it contained the requisite provisions for employee protection, and whether it was fair and reasonable. The court also needed to determine whether the agreement was consistent with the broader objectives of the Fair Work Act, which includes promoting higher wages and better conditions. Additionally, the court had to ensure that the agreement did not discriminate against any group of employees or contravene any other relevant legislation.

In its judgment, the court thoroughly examined the provisions of the agreement and the process by which it was negotiated and agreed upon. It considered the evidence provided by both parties and assessed whether the agreement was made in good faith and without coercion. The court found that the agreement complied with the statutory requirements and contained adequate protections for employees. It also determined that the agreement was fair and reasonable, taking into account the economic context and the interests of both employers and employees. Consequently, the court granted the application for approval of the enterprise agreement, thereby allowing it to come into effect.

The court's final orders included the approval of the RRC Australia Pty Ltd & The Australian Workers' Union Agreement 2019, which was to be registered under the Fair Work Act. This decision ensured that the terms and conditions set out in the agreement would govern the employment relationship between the parties, subject to any further legal challenges that might arise.

RRC Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established