RPC Technologies Pty Ltd

[2019] FWCA 6102

[2019] FWCA 6102

FAIR WORK COMMISSION

DECISION

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

RPC Technologies Pty Ltd
(AG2019/2623)

RPC TECHNOLOGIES PTY LIMITED NEWCASTLE ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER YILMAZ	MELBOURNE, 2 SEPTEMBER 2019

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

[1] An application has been made for approval of an enterprise agreement known as the RPC Technologies Pty Limited Newcastle 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 Employer has provided written undertakings. A copy of the undertakings is attached in 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] I note that the Notice of Employee Representational Rights distributed to employees does not appear to be in the form prescribed in accordance with s.173 of the Act and the Fair Work Regulations 2009 (the Regulations). I am satisfied that employees to be covered by the Agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed to within the meaning of s.188(2)(A) of the Act.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[7] The Agreement is approved and, in accordance with s.54, will operate from 9 September 2019. The nominal expiry date of the Agreement is 1 July 2023.

COMMISSIONER

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<AE505095  PR711929>

Annexure A