RPC Technologies Pty Ltd

[2019] FWCA 2615

[2019] FWCA 2615

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RPC Technologies Pty Ltd
(AG2018/7033)

RPC TECHNOLOGIES PTY LIMITED OLYMPIC DAM ENTERPRISE AGREEMENT 2018

Mining industry
COMMISSIONER PLATT	ADELAIDE, 16 APRIL 2019

Application for approval of the RPC Technologies Pty Limited Olympic Dam Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the RPC Technologies Pty Ltd Olympic Dam Enterprise Agreement 2018 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by RPC Technologies Pty Ltd. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 28 March 2019.

[3] On 12 April 2019, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 15 April 2019. The undertaking deals with the following topics:

•  The Applicant has inserted a National Employment Standards (NES) precedence clause.

•  The entitlements to annual leave have been expressed in weeks.

•  Despite clause 2.2.5 of the Agreement, the notice of termination requirements contained in the NES will apply.

•  The definition of a shift worker has been aligned with the Mining Industry Award 2010 (the Award).

•  The penalties applicable to afternoon and night shifts have been inserted.

•  The provisions applicable to part-time and casual employees have been aligned with the Award.

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives did not express any view on the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[8] A review of the Agreement indicates that the nominal expiry date has been defined as “30 June 2018”. I note that the Agreement approval process was conducted in November 2018 and further that the Form F17 indicated that the term of the Agreement was to be three years. It appears that the definition of the “term” of the Agreement at clause 1.2 is in error. The Applicant and the bargaining representative have advised the Commission that it was the intention of the parties that the term of the Agreement will be three years, and they have made an application to the Commission that I amend this error. In accordance with section 586 of the Act, I amend the definition of “term” in clause 1.2 to reflect an expiry date of 23 April 2022.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 23 April 2022.

COMMISSIONER

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