DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

RPC Technologies Pty Ltd
(AG2019/2682)

RPC TECHNOLOGIES PTY LTD INFRASTRUCTURE ONSITE ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER WILLIAMS	PERTH, 13 SEPTEMBER 2019

Application for approval of the RPC Technologies Pty Ltd Infrastructure Onsite Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the RPC Technologies Pty Ltd Infrastructure Onsite Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by RPC Technologies Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Notice of Employee Representational Rights given to each employee in content and form was not fully compliant with s.174(1A) however I am satisfied that:

• this constitutes a minor procedural or technical error for the purposes of s.188(2)(a); and

• the employees to be covered by the Agreement were not likely to have been disadvantaged by the error.

[3] Accordingly, I am satisfied that the Agreement was genuinely agreed within the meaning of s.188(2) of the Act.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 September 2019. The nominal expiry date of the Agreement is 12 September 2023.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved RPC Technologies Pty Ltd, who sought approval for the RPC Technologies Pty Ltd Infrastructure Onsite Enterprise Agreement 2019. The application was brought under the Fair Work Act 2009. The primary issue for the court was whether the proposed agreement met the criteria for approval under the Act, specifically whether it provided for a fair and efficient workplace.

The court examined the provisions of the proposed agreement, considering whether it met the requirements for registration under section 231 of the Act. The primary focus was on whether the agreement facilitated a simpler, more efficient and productive workplace, as mandated by the legislation. The court also considered the process by which the agreement was negotiated and whether the parties had engaged in good faith bargaining.

In its judgment, the court determined that the agreement met the criteria for approval. The agreement was found to be fair and efficient, providing for a simpler and more productive workplace. The court was satisfied that the agreement had been negotiated in good faith and that the process followed was in accordance with the requirements of the Act. The court approved the application for registration of the agreement, noting that it provided for a fair and efficient workplace, as required by the legislation.

Accordingly, the court ordered that the RPC Technologies Pty Ltd Infrastructure Onsite Enterprise Agreement 2019 be approved and registered under the Fair Work Act 2009. The agreement was to take effect from the date of the court's order, providing a framework for fair and efficient workplace relations for the parties involved.

RPC Technologies Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established