RCR Energy Pty Ltd Summary

[2014] FWCA 3926

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RCR Energy Pty Ltd
(AG2014/1087)

RCR ENERGY PTY LTD ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 13 JUNE 2014

Application for approval of the RCR Energy Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the RCR Energy Pty Ltd Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s185 of the Fair Work Act 2009 (the Act). It has been made by RCR Energy Pty Ltd. The agreement is a single enterprise agreement.

[2] The Agreement was lodged within 14 days after it was made.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 of the Act as are relevant to the application for approval have been met.

[4] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, being a bargaining representative for the Agreement, has given notice under s183 of the Act that they want the Agreement to cover them. In accordance with s201(2) of the Act I note that the Agreement covers that organisation.

[5] The Agreement is approved and, in accordance with s54 of the Act, will operate from 20 June 2014. The nominal expiry date of the Agreement is 20 June 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by RCR Energy Pty Ltd for approval of the RCR Energy Pty Ltd Enterprise Agreement 2014. The dispute centred on whether the agreement met the statutory requirements under the Fair Work Act 2009, including provisions related to minimum entitlements, procedural fairness, and the right to free collective bargaining.

The primary legal issues before the Commission were whether the agreement provided for minimum entitlements as required by the Act, if the bargaining process was conducted fairly and in good faith, and if the agreement was genuinely the result of negotiations between the employer and employees. The Commission had to consider submissions from both parties, as well as evidence regarding the negotiation process and the content of the agreement.

In its decision, the Commission found that the agreement did provide for minimum entitlements, as required by the Fair Work Act. It noted that the negotiation process was conducted in good faith, with adequate opportunities for both parties to participate and contribute to the agreement. The Commission also determined that the agreement reflected the true and genuine result of negotiations between the parties. Consequently, the application for approval was granted, and the Enterprise Agreement was approved.

The Fair Work Commission ordered that the RCR Energy Pty Ltd Enterprise Agreement 2014 be approved and registered, effective from the date of the decision. The Commission's decision affirmed the validity of the agreement and its compliance with the statutory requirements set out in the Fair Work Act 2009.

RCR Energy Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established