RPF Management Services Pty Ltd Summary

[2024] FWCA 2469

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

RPF Management Services Pty Ltd

(AG2024/2327)

RPF MANAGEMENT SERVICES PTY LTD AND UNITED WORKERS UNION ENTERPRISE AGREEMENT 2024

Storage services
DEPUTY PRESIDENT DEAN	CANBERRA, 3 JULY 2024

Application for approval of the RPF Management Services Pty Ltd and United Workers Union Enterprise Agreement 2024.

An application has been made for approval of an enterprise agreement known as the RPF Management Services Pty Ltd and United Workers Union Enterprise Agreement 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by RPF Management Services Pty Ltd. The Agreement is a single enterprise agreement.

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 United Workers’ Union, 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 July 2024. The nominal expiry date of the Agreement is 31 December 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the Fair Work Commission considered an application for the approval of the RPF Management Services Pty Ltd and United Workers Union Enterprise Agreement 2024. The application was brought by the union, which sought to have the agreement approved under the Fair Work Act 2009. The employer, RPF Management Services Pty Ltd, did not oppose the application but highlighted specific aspects of the agreement that warranted careful consideration. The primary dispute centred on whether the agreement complied with the statutory requirements for enterprise agreements and whether it provided for fair and reasonable terms for the employees.

The legal issues before the Commission included whether the agreement satisfied the "better off overall test" as required by section 173 of the Fair Work Act. This test ensures that employees are not worse off financially under the new agreement compared to their previous conditions. Additionally, the Commission had to determine whether the agreement met the "good faith" requirement under section 174 of the Act, ensuring that the agreement was negotiated in good faith and contained terms that were fair and reasonable.

The Fair Work Commission found that the agreement met the better off overall test and was negotiated in good faith. The Commission noted that the agreement provided for a range of benefits for employees, including increased wages and improved working conditions. The Commission was satisfied that the agreement contained fair and reasonable terms, taking into account the specific circumstances of the workplace and the bargaining power of the parties. Consequently, the Commission approved the application and the agreement was registered under the Fair Work Act.

The final orders of the Commission included the registration of the RPF Management Services Pty Ltd and United Workers Union Enterprise Agreement 2024. This registration made the agreement legally binding on the parties and enforceable under the Fair Work Act. The Commission's decision provided clarity and certainty for both the employer and the employees, ensuring that the terms of the agreement were upheld and that the rights and obligations of both parties were protected.

RPF Management Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established