DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RPC Technologies Pty Ltd
(AG2016/5708)

RPC TECHNOLOGIES PTY LIMITED NEWCASTLE ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 26 OCTOBER 2016

Application for approval of the RPC Technologies Pty Limited Newcastle Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the RPC Technologies Pty Limited Newcastle Enterprise Agreement 2016 (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 Applicant 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.

[3] Subject to the undertakings referred to above, 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. 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] 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.

[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement was approved on 26 October 2016 and, in accordance with s.54, will operate from 2 November 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of the Fair Work Commission, RPC Technologies Pty Ltd sought approval of the RPC Technologies Pty Limited Newcastle Enterprise Agreement 2016. The dispute arose from negotiations between the company and the employees' union, with contentions primarily centred on wage rates, working conditions, and procedural aspects of the agreement. The application was heard by the Commission, tasked with determining whether the proposed agreement met the requirements of the Fair Work Act 2009.

The central legal issues before the Commission involved the assessment of the agreement against the provisions of the Act, particularly focusing on whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it complied with the procedural requirements for approval. The Commission had to consider the fairness of the proposed terms, including wage rates and conditions, in light of the economic context and the need for a balanced approach that addressed the interests of both the employer and the employees.

After thorough examination, the Commission concluded that the proposed agreement met the necessary criteria for approval. The wage rates and working conditions were found to be reasonable, considering the broader economic environment and the specific circumstances of the company and its employees. The procedural aspects of the agreement were also deemed compliant with the Act. Consequently, the Commission approved the RPC Technologies Pty Limited Newcastle Enterprise Agreement 2016, ensuring it would come into effect on the specified date.

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