RPC Technologies Pty Ltd

[2013] FWCA 6583

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RPC Technologies Pty Ltd
(AG2013/2409)

RPC TECHNOLOGIES NEWCASTLE ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 5 SEPTEMBER 2013

Application for approval of the RPC Technologies Newcastle Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the RPC Technologies Newcastle Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s185 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 Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Automotive, Food, Metals, Engineering, Printing, and Kindred Industries Union, being bargaining representatives for the Agreement, have given notice under s183 of the Act that it wants the Agreement to cover it. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 12 September 2013. The nominal expiry date of the Agreement is 30 June 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of RPC Technologies Pty Ltd, the applicant, the Australian Industrial Relations Commission was presented with an application to approve the RPC Technologies Newcastle Enterprise Agreement 2013. The dispute arose between RPC Technologies Pty Ltd, an employer, and the Construction, Forestry, Mining and Energy Union, representing the employees. The primary concern was whether the agreement met the criteria for approval under the relevant industrial relations laws.

The legal issues before the Commission involved whether the agreement was made genuinely by the parties without coercion, whether it included appropriate dispute resolution mechanisms, and whether it adhered to the statutory requirements for enterprise agreements. The Commission had to ensure that the agreement did not unfairly disadvantage any employee or group of employees and was consistent with the principles of the Fair Work Act 2009.

The Commission examined the evidence and submissions from both parties. It found that the agreement was made genuinely and without any improper influence. The dispute resolution mechanisms were deemed appropriate and sufficient. Additionally, the Commission concluded that the agreement complied with all statutory requirements and did not disadvantage any employee. Consequently, the Commission approved the RPC Technologies Newcastle Enterprise Agreement 2013, finding it to be a genuine enterprise agreement within the meaning of the Fair Work Act 2009.

No further orders were made by the Commission. The approval of the agreement was based on the evidence presented and the legal framework provided by the Fair Work Act 2009. The Commission's decision was grounded in its determination that the agreement met all necessary criteria for approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established