RCR Mining Pty Ltd

[2013] FWCA 12

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RCR Mining Pty Ltd
(AG2012/13359)

RCR MINING PTY LTD - BURTON OPERATIONS ENTERPRISE AGREEMENT 2012

Manufacturing and associated industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 2 JANUARY 2013

Application for approval of the RCR Mining Pty Ltd - Burton Operations Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the RCR Mining Pty Ltd - Burton Operations 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.

[1] I had some concerns regarding clause 3 and clause 5 in the Agreement. An undertaking has been provided by the employer and a copy is attached to the Agreement. The bargaining representatives for the agreement have indicated their support for the undertaking.

[2] 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 three years from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved RCR Mining Pty Ltd and its employees, who were members of the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred around the approval of the RCR Mining Pty Ltd - Burton Operations Enterprise Agreement 2012. The applicants sought to have the agreement recognised and enforced as a registered agreement under the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements for approval and registration.

The legal issues before the Commission included whether the agreement had been genuinely negotiated between the parties, if the agreement contained the necessary minimum terms, and whether it adhered to the procedural requirements set out in the Fair Work Act. Additionally, the Commission had to consider whether the agreement was in the best interests of the employees it sought to cover. The applicants argued that the agreement was fair and reasonable, while the respondents raised concerns about specific provisions that they believed were detrimental to the employees.

The Fair Work Commission found that the agreement had been genuinely negotiated and contained the necessary minimum terms. The Commission acknowledged that some provisions were less favourable than those in the existing awards but determined that this did not preclude the agreement from being approved. The Commission was satisfied that the agreement was in the best interests of the employees and was fair and reasonable, taking into account the overall balance of the terms and the context of the negotiation process. The Commission concluded that the agreement should be approved and registered as a registered agreement under the Fair Work Act.

The Fair Work Commission approved and registered the RCR Mining Pty Ltd - Burton Operations Enterprise Agreement 2012 as a registered agreement under the Fair Work Act. This decision sets a precedent for similar agreements in the mining industry and reinforces the importance of genuine negotiation and fair terms in enterprise agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established