DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RFC Group Pty Ltd T/A Resolve Technical Solutions
(AG2020/3965)

RFC GROUP PTY LTD ENTERPRISE AGREEMENT - 2020/2023

Electrical contracting industry
COMMISSIONER WILSON	MELBOURNE, 22 JANUARY 2021

Application for approval of the RFC Group Pty Ltd Enterprise Agreement - 2020/2023.

[1] An application has been made for approval of an enterprise agreement known as the RFC Group Pty Ltd Enterprise Agreement - 2020/2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by RFC Group Pty Ltd T/A Resolve Technical Solutions. The Agreement is a single enterprise agreement.

[2] 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.

[3] The Agreement lodged with the Fair Work Commission contained typographical errors on page 5 and in Schedule 3. On 21 January 2021, the Applicant filed amended Agreement pages rectifying the errors pursuant to s.586 of the Act. I am satisfied that the correction to the pages should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 January 2021. The nominal expiry date of the Agreement is 31 July 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, RFC Group Pty Ltd trading as Resolve Technical Solutions, applied for approval of an enterprise agreement. The respondent, the Electrical Trades Union of Australia, did not oppose the application. The matter was heard in the Melbourne regional office of the Commission. The primary issue before the Commission was whether the application met the criteria for approval under the Fair Work Act 2009. This involved examining if the agreement was fairly negotiated, contained essential terms, and complied with procedural requirements.

The Commission considered the evidence presented, noting the absence of opposition and the applicant's adherence to the procedural requirements. The agreement was found to be fairly negotiated, and all essential terms were present. The Commission concluded that the application satisfied the necessary criteria for approval. As a result, the Commission approved the RFC Group Pty Ltd Enterprise Agreement - 2020/2023. This decision was made in the interest of ensuring that the agreement effectively governs the employment relationship between the parties while providing fair terms for the employees involved.

RFC Group Pty Ltd T/A Resolve Technical Solutions

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established