RCS Telecommunications Pty Ltd

[2023] FWCA 428

[2023] FWCA 428

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

RCS Telecommunications Pty Ltd

(AG2023/96)

RCS Telecommunications Pty Ltd Queen’s Wharf Project Agreement

Telecommunications services
COMMISSIONER HUNT	BRISBANE, 10 FEBRUARY 2023

Application for approval of the RCS Telecommunications Pty Ltd Queen’s Wharf Project Agreement

1. RCS Telecommunications Pty Ltd (the Employer) has applied for approval of an enterprise agreement known as the RCS Telecommunications Pty Ltd Queen’s Wharf Project Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act).  The Agreement is a greenfields agreement.

1. This is a greenfields agreement that meets the requirements of s.172(2)(b) of the Act. The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (ETU) submitted a Form F21 indicating they wished to be covered by the Agreement. Pursuant to s.53(2)(b) of the Act, I note the Agreement was made with the ETU and the Agreement covers the organisations.  

1. In accordance with s.187(5)(a) of the Act, I am satisfied that the ETU is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to the work that is to be performed under it.

1. I have taken into consideration the material filed in the Fair Work Commission. I am satisfied that each of the requirements of ss.186, 187, and 188 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 s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 February 2023.  The nominal expiry date of the Agreement is 1 November 2026.

COMMISSIONER

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