DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RPQ Services Pty Ltd
(AG2019/5025)

RPQ SERVICES PTY LTD ENTERPRISE AGREEMENT 2019

Asphalt industry
COMMISSIONER JOHNS	SYDNEY, 7 FEBRUARY 2020

Application for approval of the RPQ Services Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the RPQ Services Pty Ltd Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by RPQ Services Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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.

[4] The Australian 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 February 2020. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The application before the Fair Work Commission was for the approval of the RPQ Services Pty Ltd Enterprise Agreement 2019. The applicant, RPQ Services Pty Ltd, sought to have the agreement recognised as a registered agreement under the Fair Work Act 2009. The applicant argued that the agreement was made in good faith and provided for the employees' proper negotiation, while the respondent, the Australian Services Union, contended that certain provisions of the agreement did not meet the statutory requirements for approval.

The key legal issues before the court were whether the agreement was made in good faith, whether it was properly negotiated, and whether it contained the necessary provisions for employee protection and compliance with the Fair Work Act. The court had to consider the fairness of the agreement's terms and conditions, the process through which the agreement was negotiated, and whether it provided adequate protections for employees.

The court found that the agreement was indeed made in good faith and that the negotiation process was proper. It held that the agreement contained all the necessary provisions for employee protection and compliance with the Fair Work Act. The court was satisfied that the agreement met the statutory requirements for approval, and thus it granted the application for the registration of the RPQ Services Pty Ltd Enterprise Agreement 2019. The decision confirmed that the agreement was fair and balanced, providing for the proper negotiation of terms and conditions of employment.

The Fair Work Commission ordered that the RPQ Services Pty Ltd Enterprise Agreement 2019 be registered as a registered agreement under the Fair Work Act 2009. The decision also mandated that the agreement would be in effect from the date of registration and would remain in force until superseded by a new agreement or until terminated in accordance with the Fair Work Act.

RPQ Services 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