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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Annexure A

CaseChat Overview and Summary

RPC Technologies Pty Ltd applied to the Fair Work Commission for approval of the RPC Technologies Pty Ltd Newcastle Enterprise Agreement 2019. The dispute arose because the applicant, RPC Technologies Pty Ltd, sought to have the agreement approved under the Fair Work Act 2009. The matter was heard in the Fair Work Commission, with the Commission comprising of Deputy President M C Ryan, Senior Member R C A J Martin and Member K A Murphy.

The primary legal issues before the Commission were whether the agreement complied with the formal requirements of the Fair Work Act 2009, and whether the agreement met the "better off overall test" under section 232 of the Act. The applicant argued that the agreement was made in good faith and provided for the employees' terms and conditions of employment. The Commission considered the evidence and submissions presented by both parties to determine whether the agreement met the necessary criteria.

After examining the evidence, the Commission found that the agreement complied with the formal requirements of the Fair Work Act 2009. The Commission also determined that the agreement met the "better off overall test" as it provided for employees who were party to the agreement to be better off overall than they would have been under the applicable award or registered agreement. The Commission was satisfied that the agreement had been made in good faith and provided for the employees' terms and conditions of employment.

As a result, the Fair Work Commission approved the RPC Technologies Pty Ltd Newcastle Enterprise Agreement 2019, and it came into effect on 1 January 2020. The applicant's application for approval of the enterprise agreement was successful, and the agreement is now legally binding on 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