RPQ Services Pty Ltd Summary

[2013] FWCA 4646

FAIR WORK COMMISSION

DECISION

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

RPQ Services Pty Ltd
(AG2013/1832)

RPQ SERVICES PTY LTD ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 15 JULY 2013

Application for approval of the RPQ Services Pty Ltd Enterprise Agreement 2013.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 5 July 2013 by RPQ Services Pty Ltd for the approval of a single-enterprise agreement known as the RPQ Services Pty Ltd Enterprise Agreement 2013 (“the 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 and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, RPQ Services Pty Ltd, sought approval of an enterprise agreement in the Fair Work Commission. The dispute involved the terms and conditions of employment for its employees, as set out in the RPQ Services Pty Ltd Enterprise Agreement 2013. The Fair Work Commission was tasked with determining whether the agreement should be approved under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement met the requirements for approval under section 230 of the Fair Work Act. This involved assessing whether the agreement was "better off overall" for the employees, and whether it complied with the "no disadvantage" test and other statutory requirements. The Commission also had to consider whether the agreement was made in good faith and without coercion.

In reaching its decision, the Commission examined the evidence and submissions from both parties. It considered the overall impact of the agreement on the employees' terms and conditions, including any potential benefits or disadvantages. The Commission noted that the agreement provided for a range of improvements, including increased pay rates, enhanced leave provisions, and other benefits. It also found that the agreement was made in good faith and without coercion. After careful consideration, the Commission determined that the agreement met the statutory requirements for approval.

The Fair Work Commission approved the RPQ Services Pty Ltd Enterprise Agreement 2013, finding that it complied with the necessary statutory criteria and was in the best interests of the employees. The decision was made on the basis that the agreement provided a fair and reasonable set of terms and conditions for the employees, and met all requirements under the Fair Work Act.

RPQ 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