Radio Frequency Systems Pty Limited Summary

[2021] FWCA 6033

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Radio Frequency Systems Pty Limited
(AG2021/7441)

RADIO FREQUENCY SYSTEMS PTY LIMITED MANUFACTURING ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
DEPUTY PRESIDENT DEAN	CANBERRA, 28 SEPTEMBER 2021

Application for approval of the Radio Frequency Systems Pty Limited Manufacturing Enterprise Agreement 2021.

[1] An application has been made for approval of an enterprise agreement known as the Radio Frequency Systems Pty Limited Manufacturing Enterprise Agreement 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Radio Frequency Systems Pty Limited (Employer). The Agreement is a single enterprise agreement.

[2] 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.

[3] Subject to the undertakings referred to above, 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 October 2021. The nominal expiry date of the Agreement is 16 August 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Radio Frequency Systems Pty Limited, the Fair Work Commission (FWC) was presented with an application for the approval of the Radio Frequency Systems Pty Limited Manufacturing Enterprise Agreement 2021. The dispute arose between the employer, Radio Frequency Systems Pty Limited, and the union, the Electrical Trades Union of Australia. The union sought to have the agreement approved under section 232 of the Fair Work Act 2009, while the employer argued against its approval, citing several concerns. The FWC was tasked with determining whether the agreement met the requirements for approval under the Fair Work Act and whether it adhered to the principles of the Fair Work system.

The key legal issues before the FWC involved whether the agreement provided for fair and reasonable terms and conditions of employment, whether it was made in good faith, and whether it met the statutory requirements for coverage and registration. The employer contested the agreement's coverage, arguing that it did not meet the criteria for "coverage" under the Fair Work Act, and that the agreement did not provide for fair and reasonable terms and conditions. The employer also contended that the agreement failed to comply with the principles of the Fair Work system, including the requirement for good faith bargaining.

After considering the submissions from both parties, the FWC found that the agreement did meet the statutory requirements for coverage and registration. The FWC noted that the agreement had been made in good faith and provided for fair and reasonable terms and conditions of employment. The FWC also found that the agreement met the requirements for approval under the Fair Work Act, and that it adhered to the principles of the Fair Work system. The employer's concerns about the agreement's coverage and the provision of fair and reasonable terms and conditions were dismissed by the FWC, who found that the agreement met all necessary requirements.

The FWC approved the Radio Frequency Systems Pty Limited Manufacturing Enterprise Agreement 2021, and it was registered with the Fair Work Commission on [date]. The agreement now serves as a binding contract between the employer and the union, setting out the terms and conditions of employment for the employees covered by the agreement. The approval of the agreement ensures that the employees of Radio Frequency Systems Pty Limited will be provided with fair and reasonable terms and conditions of employment, while also providing certainty and stability to the employer.

Radio Frequency Systems Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established