DECISION

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

RPC Technologies Pty Ltd
(AG2015/6028)

RPC TECHNOLOGIES PTY LIMITED OLYMPIC DAM ENTERPRISE AGREEMENT 2015

Mining industry
DEPUTY PRESIDENT BARTEL	ADELAIDE, 12 NOVEMBER 2015

Application for approval of the RPC Technologies Pty Limited Olympic Dam Enterprise Agreement 2015.

[1] An application for approval of an enterprise agreement known as the RPC Technologies Pty Limited Enterprise Agreement 2015 (the Agreement) has been made by RPC Technologies Pty Limited (the employer). The application has been made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is an application for a single-enterprise agreement.

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

[3] The Agreement is approved. In accordance with s.54(1) of the Act, the Agreement will operate from 19 November 2015. The nominal expiry date of the Agreement is 30 June 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the case were RPC Technologies Pty Ltd and the Fair Work Commission, which was handling an application for the approval of the RPC Technologies Pty Limited Olympic Dam Enterprise Agreement 2015. The primary nature of the dispute centred on whether the agreement met the legal requirements for approval under the Fair Work Act 2009. The matter was heard in the Fair Work Commission, which has the jurisdiction to assess and approve enterprise agreements to ensure they comply with the legislative framework.

The key legal issues that the court needed to decide included whether the agreement was genuinely an enterprise agreement, whether it had been negotiated in good faith, and if it complied with the provisions of the Fair Work Act. The court also needed to determine whether the agreement provided for appropriate processes for the resolution of disputes and whether it met the criteria for a single-enterprise agreement as defined under the Act.

The Fair Work Commission, in its decision, carefully examined the provisions of the agreement, the process of negotiation, and the compliance with legislative requirements. The court found that the agreement was genuinely an enterprise agreement, had been negotiated in good faith, and contained appropriate dispute resolution processes. The court also concluded that the agreement met all statutory criteria for approval. Consequently, the application for the approval of the RPC Technologies Pty Limited Olympic Dam Enterprise Agreement 2015 was approved. The court's decision was based on the evidence presented and the compliance of the agreement with the Fair Work Act.

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