DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RRC Australia Pty Ltd
(AG2019/4886)

RRC AUSTRALIA CIVIL CONSTRUCTION ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER JOHNS	SYDNEY, 11 FEBRUARY 2020

Application for approval of the RRC Australia Civil Construction Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the RRC Australia Civil Construction Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by RRC Australia Pty Ltd. The Agreement is a greenfields 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. In particular, I am satisfied that the Australian Workers’ Union (AWU) are 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 Employer 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. The undertakings are taken to be a term of the Agreement.

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

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 February 2020. The nominal expiry date of the Agreement is 1 November 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

RRC Australia Pty Ltd is a party to an enterprise agreement that seeks approval under the Fair Work Act 2009. The applicant, RRC Australia, brought the matter before the Fair Work Commission. The primary dispute revolves around the fairness and compliance of the proposed RRC Australia Civil Construction Enterprise Agreement 2019 with the legal standards set forth in the Fair Work Act.

The central legal issues addressed by the court involved whether the proposed enterprise agreement met the necessary criteria for approval, including whether it was free from any improper influence or coercion, provided adequate protections for employees, and was fairly negotiated. The court also needed to consider whether the agreement aligned with the broader objectives of the Fair Work Act, particularly in terms of ensuring a fair and balanced outcome for all parties involved.

In delivering its decision, the Fair Work Commission meticulously evaluated the contents of the proposed agreement against the legal benchmarks established by the Fair Work Act. The Commission found that the agreement was fairly negotiated and did not contain any terms that were contrary to the public interest or unfair to any party. It was determined that the agreement provided adequate protections for employees, including provisions on wages, hours of work, and other conditions of employment. The Commission concluded that the agreement met all the necessary criteria for approval and was thus fair and appropriate for endorsement.

As a result of the findings, the Fair Work Commission approved the RRC Australia Civil Construction Enterprise Agreement 2019. This decision legally binds the terms of the agreement, ensuring that it will govern the employment conditions of the relevant workforce under the auspices of the Fair Work Act.

RRC Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established