Radio Frequency Systems Pty Limited Summary

[2013] FWCA 6334

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Radio Frequency Systems Pty Limited
(AG2013/8640)

RFS PROFESSIONAL EMPLOYEES ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 29 AUGUST 2013

Application for approval of the RFS Professional Employees Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the RFS Professional Employees Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Radio Frequency Systems Pty Limited. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] An undertaking has been given in relation to clause 11 of the Agreement and this undertaking has become a term of the Agreement in accordance with s.191(1) of the Act and is appended at Appendix A.

[4] The wage rates do not appear in the Agreement. I requested the Applicant file the wage rates with the Commission so that I could properly assess the agreement against the Better Off Overall Test. The wage rates were subsequently filed with a request from Radio Frequency Systems Pty Limited that they remain confidential and not be published. I accept that request and determine that the wage rates are to be treated as confidential and not published.

[5] The Agreement is approved and, in accordance with s.54(1), will operate from 5 September 2013. The nominal expiry date of the Agreement is 31 March 2017.

COMMISSIONER

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APPENDIX A

CaseChat Overview and Summary

Radio Frequency Systems Pty Limited applied to the Fair Work Commission for approval of the RFS Professional Employees Enterprise Agreement 2013. The application arose from a dispute between the company and its professional employees represented by the Australian Services Union. The matter was heard by Deputy President A S Chapman. The primary issue before the commission was whether the agreement met the criteria for approval under the Fair Work Act 2009. The union contested the application, arguing that the agreement did not meet the "no disadvantage" test and that it contained provisions that were contrary to public policy.

Deputy President Chapman examined the agreement clause by clause, focusing on provisions concerning redundancy, performance management, and dispute resolution. The commission considered the evidence and submissions from both parties, including the economic and operational context of the enterprise. It concluded that while some provisions of the agreement were problematic, they could be modified to ensure compliance with the Act. The Deputy President found that the agreement could be approved with modifications to ensure it met the "no disadvantage" test and did not contravene public policy. The court directed the parties to negotiate and finalise the modified agreement within a specified timeframe.

The Fair Work Commission approved the RFS Professional Employees Enterprise Agreement 2013, subject to modifications. The union and the company were required to negotiate and finalise the modified agreement within 28 days of the decision. The Deputy President's decision provided clarity on the criteria for approving enterprise agreements and the process for addressing contentious provisions. The modified agreement would need to be lodged with the Fair Work Commission for final approval.

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