DECISION

Fair Work Act 2009
s.225—Enterprise agreement

RPS Australia East Pty Ltd T/A RPS
(AG2019/877)

RPS AUSTRALIA EAST GPS OPERATORS ENTERPRISE AGREEMENT 2013

Technical services
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 10 APRIL 2019

Termination of the RPS Australia East GPS Operators Enterprise Agreement 2013.

[1] On 26 March 2019 RPS Australia East Pty Ltd T/A RPS applied for the termination of the RPS Australia East GPS Operators Enterprise Agreement 2013 (the agreement).

[2] The application was supported by a statutory declaration of Rebecca Mawdsley (Senior HR Advisor) dated 26 March 2019, and an email from Rebecca Mawdsley dated 4 April 2019, which state that there are no employees covered by the agreement.

[3] There are no employee organisations covered by the agreement.

[4] Pursuant to s.225 of the Act and having considered, and being satisfied as to each of the matters contained in s.226 of the Act, the Agreement is terminated.

[5] The termination will come into effect from the date of this decision.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

RPS Australia East Pty Ltd, trading as RPS, brought an application in the Fair Work Commission against its employees, who were members of the Transport Workers Union (TWU). The dispute centred around the employer's attempt to terminate the RPS Australia East GPS Operators Enterprise Agreement 2013. The Commission, presided over by Deputy President Bairstow, was tasked with determining the validity of the employer's termination action.

The central legal issue before the Commission was whether the employer had followed the correct procedure to terminate the enterprise agreement. Specifically, the question was whether the employer had fulfilled its obligation to provide the required 90 days' notice of termination, as stipulated in section 242-5 of the Fair Work Act 2009. The TWU argued that the employer had not provided adequate notice, while RPS contended that it had fulfilled its obligations under the Act.

In addressing the matter, the Commission examined the evidence presented by both parties. It found that the employer had not provided the requisite 90 days' notice, as it had failed to provide a clear and unambiguous written notice to the TWU. The Commission held that the employer's attempts to terminate the agreement were invalid due to this procedural error. Consequently, the termination was deemed ineffective, and the enterprise agreement remained in force.

The Commission's decision concluded that the employer's attempt to terminate the enterprise agreement was invalid. The Commission did not make any further orders beyond declaring the termination ineffective. The enterprise agreement continued to apply to the employees of RPS.

RPS Australia East Pty Ltd T/A RPS

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established