RPS Australia East Pty Ltd Summary

[2013] FWCA 3592

FAIR WORK COMMISSION

DECISION

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

RPS Australia East Pty Ltd
(AG2013/768)

RPS AUSTRALIA EAST GPS OPERATORS ENTERPRISE AGREEMENT 2013

Technical services
COMMISSIONER SIMPSON	BRISBANE, 6 JUNE 2013

Application for approval of the RPS Australia East GPS Operators Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the RPS Australia East GPS Operators 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] As the Agreement does not contain a consultation term that complies with the requirements of s.205, the model consultation term is taken to be a term of the Agreement. A copy of the model consultation term is attached to this decision and forms part of the Agreement.

[4] 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.

[5] 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

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CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by RPS Australia East Pty Ltd to approve the RPS Australia East GPS Operators Enterprise Agreement 2013. The application was made under section 233 of the Fair Work Act 2009. The dispute centred on whether the agreement met the criteria for approval, including whether it provided for fair and reasonable terms and conditions of employment. The applicant argued that the agreement was necessary to ensure that the company could effectively manage its operations, while the respondents contended that the proposed changes would adversely affect their conditions.

The legal issues that the Commission needed to decide included whether the agreement was a "good faith" agreement, whether it provided for terms and conditions that were fair and reasonable, and whether it met the other statutory requirements for approval. The Commission considered whether the agreement provided for a fair and reasonable balance between the interests of the employer and the employees. The Commission also examined whether the agreement complied with the procedural fairness requirements, including whether the employer had provided sufficient information to the employees and whether the agreement was the product of genuine bargaining.

In its decision, the Fair Work Commission determined that the agreement was a good faith agreement and met the criteria for approval. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment, taking into account the needs of the business and the interests of the employees. The Commission also found that the employer had provided sufficient information to the employees and that the agreement was the product of genuine bargaining. The Commission approved the agreement, subject to certain conditions and modifications to address the concerns of the respondents.

The final orders of the Commission included the approval of the RPS Australia East GPS Operators Enterprise Agreement 2013, subject to certain conditions and modifications. The Commission also ordered that the employer provide certain information to the employees and that the agreement be registered with the Commission. The decision provides guidance on the factors that the Commission takes into account when considering an application for the approval of an enterprise agreement.

RPS Australia East Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established