RPC Pipe Systems Pty Ltd

[2014] FWCA 4420

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RPC Pipe Systems Pty Ltd
(AG2014/1419)

RPC PIPE SYSTEMS PTY LTD EMPLOYEE COLLECTIVE AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT O’CALLAGHAN	ADELAIDE, 4 JULY 2014

Application for approval of the RPC Pipe Systems Pty Ltd Employee Collective Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the RPC Pipe Systems Pty Ltd Employee Collective Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by RPC Pipe Systems Pty Ltd. The Agreement is a single-enterprise agreement.

[2] The employer has provided an undertaking in the following terms:

“RPC Pipe Systems Pty Ltd undertake to publish the current rates of pay along with the agreement on all notice boards, the company intranet and make it available to all employees. I have attached to this email the spread sheet detailing previous pay rates, and the pay rates applying the increase as specified in the Agreement, clause 4.1.3, as will be supplied to all employees. (Attachment 3)”

[3] As a result, the above undertaking is taken to be a term of the Agreement. The pay rates, “Attachment 3”, as referenced in the undertaking, is attached to the Agreement.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 July 2014. The nominal expiry date of the Agreement is 12 June 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, RPC Pipe Systems Pty Ltd, sought approval of the RPC Pipe Systems Pty Ltd Employee Collective Agreement 2014. The applicant is a business engaged in the manufacture of pipe products, and the dispute concerns the terms and conditions of employment for its employees, who are represented by the Construction, Forestry, Maritime, Mining and Energy Union. The primary legal issue before the Commission was whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009, particularly in terms of ensuring employees receive a minimum rate of pay and entitlements consistent with applicable awards and the National Employment Standards.

The Commission carefully examined the provisions of the proposed agreement, assessing them against the statutory requirements for enterprise agreements. It considered whether the agreement provided for minimum rates of pay and conditions not less favourable than those provided by the relevant awards or the National Employment Standards. The Commission also reviewed the process by which the agreement was made, ensuring that it complied with the procedural requirements for authorisation and approval. After thorough deliberation, the Commission determined that the proposed agreement met all necessary legal standards and was fair and reasonable in its terms.

Consequently, the Commission approved the RPC Pipe Systems Pty Ltd Employee Collective Agreement 2014. The decision confirmed that the agreement was compliant with all relevant statutory requirements and that the process leading to its creation was lawful and fair. The agreement was thus authorised to take effect, governing the terms and conditions of employment for the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established