RCR Mining Pty Ltd

[2013] FWCA 2266

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RCR Mining Pty Ltd
(AG2013/4653)

RCR MINING PTY LTD (OFF SITE REPAIRS) ENTERPRISE AGREEMENT 2012

Manufacturing and associated industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 12 APRIL 2013

Application for approval of the RCR Mining Pty Ltd (Off Site Repairs) Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the RCR Mining Pty Ltd (Off Site Repairs) Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The application was not lodged within 14 days after the Agreement was made. Pursuant to s.185(3)(b) of the Act, I consider it fair to extend the time for making the application to the date of lodgement.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days from the date of this decision. The nominal expiry date of the Agreement is 1 August 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

RCR Mining Pty Ltd applied for approval of an enterprise agreement under section 182 of the Fair Work Act 2009. The application was made in the Fair Work Commission, which was required to determine if the agreement was appropriate for the employees and employers involved. The legal issues before the Commission were whether the agreement provided for fair and reasonable terms, including adequate pay and conditions, and whether it complied with the requirements of the Fair Work Act.

The Commission considered whether the agreement provided for fair and reasonable terms, taking into account the relevant industry conditions and any applicable awards. The Commission also considered whether the agreement provided for adequate protections for employees, such as provisions for leave and redundancy pay. The Commission found that the agreement provided for fair and reasonable terms, including adequate pay and conditions, and that it complied with the requirements of the Fair Work Act.

The Fair Work Commission approved the enterprise agreement, finding that it provided for fair and reasonable terms and conditions for employees and employers. The Commission noted that the agreement provided for a number of benefits for employees, including provisions for leave and redundancy pay, and that it was consistent with industry conditions and relevant awards. The Commission also noted that the agreement provided for adequate protections for employees, including provisions for the resolution of disputes and the protection of employee rights. The Commission concluded that the agreement was appropriate for the employees and employers involved and approved it under section 182 of the Fair Work Act.

The Fair Work Commission approved the enterprise agreement and made orders for its registration and enforcement. The orders included provisions for the agreement to be registered with the Commission and for it to be binding on all employees and employers covered by the agreement. The orders also included provisions for the agreement to be enforced by the Commission and for any disputes arising under the agreement to be resolved by the Commission. The Commission made these orders on the basis that the agreement provided for fair and reasonable terms and conditions for employees and employers and that it complied with the requirements of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established