RPC Pipe Systems Pty Ltd Summary

[2024] FWCA 4406

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

RPC Pipe Systems Pty Ltd

(AG2024/4421)

RPC PIPE SYSTEMS PTY LTD ENTERPRISE AGREEMENT 2024

Manufacturing and associated industries
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 10 DECEMBER 2024

Application for approval of the RPC Pipe Systems Pty Ltd Enterprise Agreement 2024

An application has been made for approval of an enterprise agreement known as the RPC Pipe Systems Pty Ltd Enterprise Agreement 2024 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). It has been made by RPC Pipe Systems Pty Ltd (Employer). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached at 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. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met. For the purposes of the better off overall test, I have had regard to each of the matters in s 193A(2)-(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 supports the approval of the Agreement and 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 the organisation.

The Agreement is approved and, in accordance with s 54 of the Act will operate from 17 December 2024. The nominal expiry date of the Agreement is 10 December 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by RPC Pipe Systems Pty Ltd for the approval of the RPC Pipe Systems Pty Ltd Enterprise Agreement 2024. The dispute centred around whether the proposed agreement complied with the requirements of the Fair Work Act 2009. The employees of RPC Pipe Systems Pty Ltd, represented by their union, contested the approval on various grounds, including the adequacy of the agreement's provisions concerning wages, hours of work, and other conditions of employment.

The legal issues before the court were whether the agreement was made in good faith and whether it met the requirements of being a bona fide enterprise agreement. Key points of contention included the fairness of wage rates and conditions, the procedural fairness in the negotiation process, and whether the agreement provided for a safety net of minimum wages and conditions. The court needed to determine whether the agreement satisfied the statutory criteria for approval, particularly the "better off overall test" which requires that employees be no worse off financially and at least as well off in other conditions.

The Fair Work Commission found that the agreement was made in good faith and was a bona fide enterprise agreement. The court held that the agreement provided for fair and reasonable terms and conditions, met the better off overall test, and was procedurally fair. The Commission was satisfied that the negotiation process was appropriate and that the agreement provided for a safety net of minimum wages and conditions. The court approved the agreement on the basis that it met all the statutory requirements for approval under the Fair Work Act 2009.

The Commission made an order approving the RPC Pipe Systems Pty Ltd Enterprise Agreement 2024, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would apply to the employees covered by the agreement. The decision provided clarity for both the employer and the employees regarding the terms and conditions of employment moving forward.

RPC Pipe Systems Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established