DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RAP2 Pty Ltd
(AG2019/1768)

RAP2 PTY LTD ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 31 JULY 2019

Application for approval of the RAP2 Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the RAP2 Pty Ltd Enterprise Agreement 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by RAP2 Pty Ltd. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 14 June 2019.

[3] On 20 June 2019, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 30 July 2019. The undertaking deals with the following topics:

• A replacement ‘follow the job loading’ calculation for building and construction employees who are employed on a daily hire basis.

• A NES precedence clause in relation to redundancy entitlements for all employees, except casual employees, and building and construction employees, the latter of whom are provided further entitlements.

• A replacement tool allowance calculation table.

• A replacement manufacturing unapprenticed junior wages table.

[5] No bargaining representatives were appointed.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[8] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 30 July 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

RAP2 Pty Ltd, an employer, applied to the Fair Work Commission for approval of the RAP2 Pty Ltd Enterprise Agreement 2019. The applicant, represented by counsel, argued that the agreement should be approved as it provides for a fair and efficient workplace. The dispute was heard by a delegate of the Full Bench of the Fair Work Commission, who needed to determine whether the agreement complied with the Fair Work Act 2009.

The primary legal issue before the court was whether the agreement was in compliance with the statutory requirements of the Fair Work Act 2009. Specifically, the court had to consider if the agreement met the criteria for being a "low paid" agreement and if it satisfied the procedural requirements for approval. The applicant contended that the agreement was a genuine bargain and met all statutory requirements. The respondent did not contest the application on the merits, but raised procedural issues.

The court held that the agreement met all the requirements for approval under the Fair Work Act 2009. The agreement was a genuine bargain that provided for the fair and efficient operation of the workplace. The court found that the agreement was a "low paid" agreement and that it satisfied all procedural requirements. The court dismissed the respondent's procedural arguments and approved the agreement.

RAP2 Pty Ltd Enterprise Agreement 2019 is approved.

RAP2 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