DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RF Managed Services Pty Ltd
(AG2015/3493)

RFMS ENTERPRISE AGREEMENT 2015

Oil and gas industry
COMMISSIONER LEE	MELBOURNE, 7 AUGUST 2015

Application for approval of the RFMS Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the RFMS Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by RF Managed Services Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[4] The Agreement is approved on 7 August 2015 and, in accordance with s.54 of the Act, will operate from 14 August 2015. The nominal expiry date of the Agreement is 6 August 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent case of RF Managed Services Pty Ltd, the Fair Work Commission was presented with an application for the approval of the RFMS Enterprise Agreement 2015. The parties involved were RF Managed Services Pty Ltd, the employer, and the Communications, Electrical and Plumbing Union of Australia (CEPU), the union representing the employees. The central dispute centred on whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues that the Commission had to resolve included whether the agreement provided for minimum rates of pay and conditions that were not less favourable than those provided for by the relevant modern awards, and whether the agreement met the requirements for being a single, integrated, and coherent document. Additionally, the Commission needed to determine if the agreement included provisions for the genuine and meaningful participation of employees in the management of the workplace and the terms and conditions of their employment.

In reaching its decision, the Commission examined the provisions of the proposed agreement and compared them with the relevant modern awards. The Commission noted that the agreement provided for terms and conditions that were not less favourable than the awards, thus meeting the statutory requirements. The Commission also found that the agreement was a single, integrated, and coherent document, with provisions for genuine and meaningful employee participation. After considering all the evidence and arguments presented by the parties, the Commission approved the RFMS Enterprise Agreement 2015, finding it to be in compliance with the statutory requirements. The approval of the agreement ensures that the employees of RF Managed Services Pty Ltd will benefit from a fair and equitable set of terms and conditions for their employment.

RF Managed Services 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