DECISION

Fair Work Act 2009
s.225—Enterprise agreement

RPS Australia East Pty Ltd T/A RPS
(AG2017/4585)

RPS AUSTRALIA EAST ENTERPRISE AGREEMENT 2012

Technical services
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 6 NOVEMBER 2017

Termination of the RPS Australia East Enterprise Agreement 2012.

[1] On 3 October 2017, RPS Australia East Pty Ltd applied for the termination of the RPS Australia East Enterprise Agreement 2012 (the Agreement), under s.225 of the Fair Work Act 2009 (the Act).

[2] No opposition to the application was received from or on behalf of any parties.

[3] 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.

[4] 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

In the Fair Work Commission, RPS Australia East Pty Ltd T/A RPS (the employer) contested the termination of the RPS Australia East Enterprise Agreement 2012. The dispute centred around the employer's application to terminate the agreement, which was opposed by the union representing the employees. The case revolved around whether the employer had satisfied the legal requirements for terminating an enterprise agreement under the Fair Work Act 2009.

The primary legal issues the court needed to decide were whether the employer had genuinely sought to negotiate in good faith prior to making the application to terminate the agreement, and whether the employer had provided the required information and documentation to support the application. The union argued that the employer had failed to genuinely negotiate and had not provided sufficient evidence to justify termination. The employer, on the other hand, claimed that it had made genuine efforts to negotiate and that the termination was warranted due to significant changes in the business environment.

The Fair Work Commission found that the employer had not genuinely sought to negotiate in good faith. The employer's evidence did not adequately demonstrate a willingness to consider the union's proposals or to reach a mutually acceptable agreement. The Commission also found that the employer had not provided sufficient evidence to justify termination under the Act. Consequently, the application to terminate the enterprise agreement was dismissed. The employer was ordered to continue to abide by the terms of the existing agreement until a new agreement was reached through proper negotiation processes.

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