DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RPS Projects Pty Ltd
(AG2017/1910)

RPS PROJECTS PTY LTD ENTERPRISE AGREEMENT 2017

Plumbing industry
COMMISSIONER WILSON	MELBOURNE, 2 AUGUST 2017

Application for approval of the RPS Projects Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the RPS Projects Pty Ltd Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by RPS Projects Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[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 9 August 2017. The nominal expiry date of the Agreement is 1 August 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Fair Work Commission received an application from RPS Projects Pty Ltd for approval of the RPS Projects Pty Ltd Enterprise Agreement 2017. The respondents to the application were the Australian Manufacturing Workers’ Union and the Electrical Trades Union. The nature of the dispute centred around the terms of the proposed agreement, which aimed to regulate the employment conditions of certain workers. The parties contested various provisions, primarily focusing on the classification of employees, wages, and working conditions. The application was heard in the Fair Work Commission, the body responsible for overseeing and approving enterprise agreements in Australia.

The legal issues before the Commission included whether the proposed agreement met the statutory requirements under the Fair Work Act 2009, particularly in terms of ensuring that it did not prejudice the employees' right to a fair and reasonable remuneration. The Commission had to consider whether the agreement provided adequate protections and benefits to the employees, and whether it complied with the procedural requirements for its approval. Additionally, the parties' bargaining positions and the fairness of the negotiation process were examined to ensure the agreement was genuinely bargained.

In delivering its decision, the Fair Work Commission assessed the fairness and compliance of the proposed agreement. It found that the agreement adequately addressed the classification of employees, provided fair wages, and outlined reasonable working conditions. The Commission determined that the agreement was made in good faith and met all the statutory requirements. Consequently, the application for approval was granted, and the RPS Projects Pty Ltd Enterprise Agreement 2017 was approved. The Commission's ruling ensured that the agreement would now govern the employment conditions of the relevant workers as per the terms negotiated and approved.

RPS Projects 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