Radio Frequency Systems Pty Limited

[2021] FWCA 6322

[2021] FWCA 6322

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Radio Frequency Systems Pty Limited
(AG2021/7451)

RFS PROFESSIONAL EMPLOYEES ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
DEPUTY PRESIDENT MANSINI	MELBOURNE, 26 OCTOBER 2021

Application for approval of the RFS Professional Employees Enterprise Agreement 2020.

[1] Radio Frequency Systems Pty Limited has applied for approval of a single enterprise agreement known as the RFS Professional Employees Enterprise Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act).

[2] Since the application was made, the Commission raised concerns about whether the pre-approval requirements were met and whether the Agreement passes the “better off overall” test. Further information was provided in relation to these concerns.

[3] The relevant employees were notified of the time and place of the vote on the first day of (and not by the start of) the access period, contrary to the requirement at s.180(3). In the particular circumstances of this matter and having regard to the decision in Huntsman Chemical Company Australia Pty Limited t/a RMAX Rigid Cellular Plastics and Others 1, I am satisfied that:

a) this constitutes a minor procedural or technical error for the purposes of s.188(2)(a); and

b) the employees to be covered by the Agreement were not likely to have been disadvantaged by this error.

[4] Accordingly, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188(2) of the Act.

[5] Written undertakings were given in accordance with s.190 of the Act and are attached at Annexure A (Undertakings). The employee bargaining representatives supported the Undertakings. 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. Pursuant to s.201(3) of the Act, the Undertakings are taken to be terms of the Agreement.

[6] On the basis of the material contained in the application, further information provided on request of the Commission and the Undertakings, 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.

[7] The Agreement was approved on 26 October 2021 and, in accordance with s.54, will operate from 2 November 2021. The nominal expiry date of the Agreement is 16 August 2023.

DEPUTY PRESIDENT

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1   [2019] FWCFB 318.

Annexure A