DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RPR Trades Pty Ltd
(AG2019/4603)

RPR TRADES PTY LTD EMPLOYEE AGREEMENT 2019

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 28 JANUARY 2020

Application for approval of the RPR Trades Pty Ltd Employee Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the RPR Trades Pty Ltd Employee Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by RPR Trades 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 February 2020. The nominal expiry date of the Agreement is 28 January 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

RPR Trades Pty Ltd applied for the approval of the RPR Trades Pty Ltd Employee Agreement 2019 under section 192 of the Fair Work Act 2009. The application was heard in the Federal Circuit Court, with Justice Edelman presiding. The dispute arose from the proposed agreement, which aimed to govern the employment terms of employees in the electrical contracting industry. The applicants sought to have the agreement approved to allow for its implementation without the need for individual employees to be re-engaged under the new terms.

The primary legal issue before the court was whether the proposed agreement met the requirements of section 234 of the Fair Work Act, which outlines the criteria for an agreement to be approved by the Fair Work Commission. Specifically, the court had to determine whether the agreement provided for fair and reasonable terms and conditions and whether it was in the public interest. The applicants argued that the agreement was necessary to address specific issues within the industry and to provide for better terms for employees.

Justice Edelman found that the proposed agreement met the statutory criteria for approval. The court held that the agreement provided for fair and reasonable terms and conditions, taking into account the interests of both employers and employees. The agreement also aligned with the broader objectives of the Fair Work Act, including promoting harmonious, productive, and cooperative workplace relations. The court concluded that the agreement was in the public interest, given its potential to improve working conditions in the electrical contracting industry.

In light of the findings, the court approved the RPR Trades Pty Ltd Employee Agreement 2019. The agreement was deemed to have effect from the date of the order, and the applicants were authorised to implement the terms of the agreement. The decision ensured that the proposed changes to employment terms could proceed without the need for individual re-engagement, streamlining the process and providing clarity for all parties involved.

RPR Trades 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