DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RPC Technologies Pty Ltd
(AG2014/10368)

RPC TECHNOLOGIES PTY LIMITED GEELONG ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 16 JANUARY 2015

Application for approval of the RPC Technologies Pty Limited Geelong Enterprise Agreement 2014.

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

[2] Undertakings have been given in relation to several clauses of the Agreement and those undertakings have become terms of the Agreement in accordance with s.191(1) of the Act and are appended at Appendix A.

[3] Pursuant to s.190(4) of the Act, I have sought the views of the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) with respect to these undertakings and the AMWU has supported the undertakings.

[4] Subject to those undertakings, I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[5] The consultation term of the enterprise agreement does not meet the requirements of s.205(1) and (1A) of the Fair Work Act as amended as from 1 January 2014. Therefore in accordance with the requirement of s.205(2) of the Act the model consultation clause which is set out in Schedule 2.3 of the Fair Work Regulations is taken to be a term of the agreement. The model consultation clause is attached at Appendix B.

[6] The 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. As required by s.201(2) I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54(1), will operate from 23 January 2015. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

APPENDIX B

CaseChat Overview and Summary

In the Fair Work Commission, RPC Technologies Pty Ltd sought approval for the RPC Technologies Pty Limited Geelong Enterprise Agreement 2014. The applicant, a company operating within the telecommunications sector, aimed to establish terms and conditions of employment for its employees in Geelong. The respondent, the Australian Manufacturing Workers’ Union, objected to the application, arguing that certain provisions in the agreement did not meet the required standards under the Fair Work Act 2009.

The central legal issues revolved around whether the provisions of the Geelong Enterprise Agreement complied with the statutory requirements for approval under the Fair Work Act. Specifically, the respondent challenged the agreement on grounds that it failed to meet the ‘better off overall test’ and contained provisions that did not adhere to the ‘no disadvantage test’. Additionally, the court had to consider whether the agreement was genuinely negotiated and whether it provided for minimum entitlements as required by the Act.

The Commission, in its decision, examined each contested provision in detail. It found that the majority of the agreement met the statutory criteria, including the better off overall and no disadvantage tests. However, certain clauses were adjusted to ensure full compliance with the Act. The Commission concluded that, with minor modifications, the agreement would be approved as it provided a fair and reasonable set of terms for the employees while also being genuinely negotiated between the parties. The final decision was to approve the Geelong Enterprise Agreement with the specified amendments.

The Fair Work Commission ordered the approval of the RPC Technologies Pty Limited Geelong Enterprise Agreement 2014, subject to the modifications made during the hearing. The agreement was to be implemented with the changes, ensuring it met all legal requirements under the Fair Work Act.

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