RPC Pipe Systems

[2020] FWCA 3129

[2020] FWCA 3129

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RPC Pipe Systems
(AG2020/1305)

RPC PIPE SYSTEMS PTY LTD ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
COMMISSIONER PLATT	ADELAIDE, 15 JUNE 2020

Application for approval of the RPC Pipe Systems Pty Ltd Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the RPC Pipe Systems Pty Ltd Enterprise Agreement 2020 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by RPC Pipe Systems (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 28 May 2020.

[3] On 3 June 2020, 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 through the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 15 June 2020. The undertaking deals with the following topics:

•  In relation to clauses 5.3.3 and 5.4.4 (personal leave and compassionate leave), employees must notify the Applicant of their inability to attend for work as soon as reasonably practicable, which may be at a time after the leave has started.

•  In relation to clause 4.3.1 (ordinary hours of work), the defined work cycle is 28 days.

•  Where an employee works a night shift (and is not working a permanent night shift), they will be paid 115% of the ordinary hourly rate.

•  For the purposes of clause 4.7.7, a continuous shiftworker will be paid 150% of the ordinary hourly rate for ordinary hours worked on a Saturday and 200% of the ordinary hourly rate for ordinary hours worked on a Sunday or public holiday.

•  Where the Applicant introduces a temporary afternoon or night shift, that is the existence of an afternoon or night shift which does not continue for at least five successive afternoon or night shifts or six successive afternoon or night shifts in a six day workshop (where no more than eight ordinary hours are worked on each shift) or for at least 38 ordinary hours (where more than eight ordinary hours are worked on each shift), then the loadings prescribed in clause 38.3(c) of the Manufacturing and Associated Industries Award 2010 (the Award) will apply to those temporary shifts.

•  In relation to clause 4.1.1, an employee will be entitled to a meal allowance where they are required to work more than 1.5 hours of overtime and were not notified of the requirement to work overtime on the previous day or earlier.

•  For the purposes of clause 4.1.1 of the Agreement:

•  The rate of pay for classifications C14, C13, C12, C11, C10, C9, C8, Fabricator and Electrician, as described at clause 4.1.3 of the Agreement, is only inclusive of the confined spaces allowance (as described at 30.4 (f)) of the Award).

•  The rate of pay for the classifications described as Team Leader, Senior Fitter, Lead Op Mech Fitter and Lead Op Electrician, is inclusive of the confined spaces allowance and the leading hand allowance (described at 30.4(f) and 30.2(a)).

If an employee covered by the Agreement is entitled to any other allowances described in the Manufacturing and Associated Industries Award 2020, these will be paid in addition to the rates described at clause 4.1.3 of the Agreement.

•  The nominal expiry date will be 4 years from after the day on which the FWC approves the Agreement.

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives did not express any view on the undertaking.

[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] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), 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) of the Act I note that the Agreement covers this organisation.

[8] 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.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 14 June 2024.

COMMISSIONER

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