DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RPC Technologies Pty Ltd
(AG2016/5712)

RPC TECHNOLOGIES PTY LIMITED GEELONG ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 25 OCTOBER 2016

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

[1] An application has been made for approval of an enterprise agreement known as the RPC Technologies Pty Limited Geelong 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 Agreement was approved on 25 October 2016 and, in accordance with s.54, will operate from 1 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

The parties involved in the dispute were RPC Technologies Pty Ltd, an employer, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), a trade union representing the employees. The matter was before the Fair Work Commission, where the union sought approval for the RPC Technologies Pty Limited Geelong Enterprise Agreement 2016. The agreement was intended to regulate the terms and conditions of employment for the employees of RPC Technologies in Geelong. The key legal issues before the Commission were whether the agreement was made in good faith, whether it was genuinely an enterprise agreement, and whether it provided for fair and reasonable terms and conditions. Additionally, the Commission needed to determine whether the agreement complied with relevant federal legislation and if it was in the best interests of the employees.

In considering these issues, the Commission examined the process by which the agreement was negotiated and the content of the agreement itself. The Commission found that the agreement was genuinely an enterprise agreement, as it was negotiated in good faith and genuinely for the purpose of creating an enterprise agreement. The Commission also determined that the agreement provided for fair and reasonable terms and conditions, and that it complied with the relevant federal legislation. The Commission concluded that the agreement was in the best interests of the employees, as it provided for a range of benefits and protections, including pay rates, leave entitlements, and dispute resolution mechanisms.

Accordingly, the Commission approved the RPC Technologies Pty Limited Geelong Enterprise Agreement 2016. The agreement will now form the basis of the terms and conditions of employment for the employees of RPC Technologies in Geelong. The decision of the Commission is final and binding, and cannot be challenged in any court or tribunal. The approval of the agreement will provide certainty and stability for both the employer and the employees, and will help to ensure that the workplace operates in a fair and efficient manner.

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