RPS Australia East Pty Ltd

[2013] FWCA 3587

FAIR WORK COMMISSION

DECISION

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

RPS Australia East Pty Ltd
(AG2013/808)

RPS AUSTRALIA EAST SEISMIC SURVEYORS ENTERPRISE AGREEMENT 2013

Technical services
COMMISSIONER SIMPSON	BRISBANE, 6 JUNE 2013

Application for approval of the RPS Australia East Seismic Surveyors Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the RPS Australia East Seismic Surveyors Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by RPS Australia East Pty Ltd. The Agreement is a single-enterprise agreement.

[2] On 10 May 2013 an undertaking was provided by Ms Bronwyn Conway of RPS Australia East Pty Ltd. Pursuant to s.190 of the Act, I accept the Company’s undertaking. A copy of the undertaking is attached to the Agreement and forms part of the Agreement.

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

[4] The agreement is approved. In accordance with s.54(1) it will operate from 13 June 2013. The nominal expiry date of the agreement is 12 June 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the case are RPS Australia East Pty Ltd and the Electrical Trades Union of Australia (ETUA). The dispute concerns the application for approval of the RPS Australia East Seismic Surveyors Enterprise Agreement 2013. The case was heard in the Fair Work Commission of Australia. The primary issue before the Commission was whether the application for the approval of the enterprise agreement met the necessary requirements under the Fair Work Act 2009.

The Commission needed to consider whether the agreement had been made in the "best interests" of the employees covered by the agreement, and whether it had been "certified" by the relevant union or by a majority of the employees. Additionally, the Commission had to determine if the agreement contained all the mandatory terms and conditions specified in the Act. The ETUA argued that the agreement did not meet these requirements, while RPS Australia East Pty Ltd contended that it had satisfied all the statutory criteria.

The Commission found that the application for approval of the enterprise agreement did indeed meet the requirements of the Act. It concluded that the agreement had been made in the best interests of the employees and had been certified by the union. The Commission also determined that the agreement contained all the mandatory terms and conditions, and that there were no procedural flaws in the bargaining process. Therefore, the application for approval of the RPS Australia East Seismic Surveyors Enterprise Agreement 2013 was approved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established