RPC Technologies Pty Ltd

[2019] FWCA 6308

[2019] FWCA 6308

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RPC Technologies Pty Ltd
(AG2019/2936)

RPC TECHNOLOGIES PTY LIMITED GEELONG ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
DEPUTY PRESIDENT YOUNG	MELBOURNE, 10 SEPTEMBER 2019

Application for approval of the RPC Technologies Pty Limited Geelong Enterprise Agreement 2019.

[1] RPC Technologies Pty Ltd (the Employer) has made an application for approval of an enterprise agreement known as the RPC Technologies Pty Limited Geelong Enterprise Agreement 2019 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Form F16 nominated Dannielle Ballis and Jose Magtaka as employee bargaining representatives for the Agreement. Ms Ballis and Mr Magtaka have each lodged a Form F18A statutory declaration in support of the approval of the Agreement.

[3] The copy of the Notice of Employee Representational Rights (NERR) lodged by the Employer with the application for approval was the NERR prescribed by Schedule 2.1 of the Fair Work Regulations 2009 (Regulations) immediately prior to 3 April 2017.  The correct NERR prescribed by Schedule 2.1 of the Regulations for the agreement was the one prescribed by Schedule 2.1 of the Regulations with effect from 3 April 2017.  The Employer accepts that it provided an earlier version of the NERR and provided submissions as to the error. 

[4] In the circumstances and with regard to the Full Bench decision in Huntsman Chemical Company Australia Pty Ltd T/A RMAX Rigid Cellular Plastics & Others [2019] FWCFB 318 at [128]-[140], I am satisfied that the mistaken provision of a pre- 3 April 2017 NERR to employees is a minor technical error in relation to the requirement of s 174 of the Act and the employees covered by the Agreement were not likely to have been disadvantaged by such an error.  Accordingly, pursuant to s 188(2) of Act I am satisfied that, notwithstanding the earlier version of the NERR being provided to employees, the Agreement has been genuinely agreed within the meaning of s 188(2).

[5] 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 the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[6] Subject to the undertakings referred to above, and on the basis of the material contained in the application, the accompanying statutory declarations, and the additional information provided by the Employer, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[7] The Agreement was approved on 10 September 2019 and, in accordance with s 54, will operate from 17 September 2019. The nominal expiry date of the Agreement is 1 July 2023.

DEPUTY PRESIDENT

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Annexure A