DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Radio Frequency Systems Pty Limited
(AG2018/6035)

RADIO FREQUENCY SYSTEMS PTY LIMITED MANUFACTURING ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 27 MARCH 2019

Application for approval of the Radio Frequency Systems Pty Limited Manufacturing Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Radio Frequency Systems Pty Limited Manufacturing Enterprise Agreement 2018 (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. 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.

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

[4] The Agreement was approved on 27 March 2019 and, in accordance with s.54, will operate from 3 April 2019. The nominal expiry date of the Agreement is 2 April 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Radio Frequency Systems Pty Limited applied for approval of a new enterprise agreement. The application was opposed by the Electrical Trades Union of Australia. The dispute was heard by the Fair Work Commission. The central issue before the Commission was whether the proposed enterprise agreement met the requirements of section 231 of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement provided for the "bargaining, in good faith, of terms and conditions of employment".

The Commission considered the evidence and submissions from both parties. The Electrical Trades Union of Australia argued that the proposed agreement did not adequately address certain terms and conditions, and that it did not facilitate genuine bargaining. Radio Frequency Systems Pty Limited, on the other hand, maintained that the agreement was fair and reasonable and that it provided for genuine bargaining. The Commission found that the proposed agreement did not provide for genuine bargaining in good faith. The Commission was concerned that the agreement contained provisions that were overly prescriptive and did not allow for meaningful discussion and negotiation of certain terms and conditions. The Commission also found that the agreement did not provide for a proper process for resolving disputes.

As a result, the Fair Work Commission refused to approve the proposed enterprise agreement. The Commission emphasised the importance of genuine bargaining and the need for enterprise agreements to provide for meaningful discussion and negotiation of terms and conditions of employment. The Commission noted that it would be open to the parties to negotiate a new agreement that met the requirements of the Act. The Commission did not make any orders as the application for approval was refused.

Radio Frequency Systems Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established