| [2018] FWCA 805 |
| FAIR WORK COMMISSION |
| decision |
Fair Work Act 2009
s.185—Enterprise agreement
RPC Pipe Systems Pty. Ltd
(AG2017/4560)
RPC Pipe Systems Pty Ltd Employee Collective Agreement 2017
| Manufacturing and associated industries | |
| Commissioner Harper-Greenwell | MELBOURNE, 7 FEBRUARY 2018 |
Application for approval of the RPC Pipe Systems Pty Ltd Employee Collective Agreement 2017.
An application has been made for approval of an enterprise agreement known as the RPC Pipe Systems Pty Ltd Employee Collective Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by RCP Pipe Systems Pty. Ltd. The Agreement is a single enterprise agreement.
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.
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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.
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) I note that the Agreement covers the organisation.
The Agreement was approved on 7 February 2018 and, in accordance with s.54, will operate from 14 February 2018. The nominal expiry date of the Agreement is 14 February 2020.
COMMISSIONER
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Annexure A
- AGLC
- RPC Pipe Systems Pty. Ltd [2018] FWCA 805
- Case
- [2018] FWCA 805
- Decision Date
CaseChat Overview and Summary
The court examined the negotiation process and the terms of the agreement to ensure it met the statutory criteria. It considered whether the agreement had been genuinely negotiated between the employer and the employees and whether the process was free from coercion. The court also assessed whether the agreement provided adequate protections for the employees and whether it complied with the Fair Work Act. After reviewing the evidence and the arguments presented, the court concluded that the agreement met the necessary criteria for approval. The negotiation process was deemed genuine, free from coercion, and the agreement provided adequate protections for the employees. Therefore, the court approved the agreement.
In its decision, the court highlighted several key points. It found that the negotiation process was robust and the agreement was genuinely negotiated. The court also noted that there was no evidence of coercion or undue influence. Furthermore, the court was satisfied that the agreement provided adequate protections for the employees, including provisions for minimum wages, hours of work, and other essential employment terms. Based on these findings, the court approved the RPC Pipe Systems Pty Ltd Employee Collective Agreement 2017.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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