RCR Mining Pty Ltd

[2016] FWCA 2732

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

RCR Mining Pty Ltd

(AG2016/671)

RCR MINING PTY LTD - BURTON OPERATIONS ENTERPRISE

AGREEMENT 2016

Manufacturing and associated industries

COMMISSIONER ROE

MELBOURNE, 3 MAY 2016

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

Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the

RCR Mining Pty Ltd - Burton Operations Enterprise Agreement 2016 (the Agreement). The

application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made

by RCR Mining 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. The Agreement does not cover all of the employees of the employer, however,

taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of

employees was fairly chosen.
[2016] FWCA 2732

[4] The Agreement was approved on 3 May 2016 and, in accordance with s.54, will

operate from 10 May 2016. The nominal expiry date of the Agreement is 1 April 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

[2016] FWCA 2732

ANNEXURE A

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for approval of the RCR Mining Pty Ltd - Burton Operations Enterprise Agreement 2016 (the Agreement) under section 185 of the Fair Work Act 2009. The application was lodged by RCR Mining Pty Ltd, seeking to have the Agreement, which was a single enterprise agreement, approved by the Commission. The primary concern was whether the Agreement met the necessary requirements for approval under the Act, including compliance with sections 186, 187, 188, and 190.

The legal issues before the Commission included whether the Agreement met all statutory requirements for approval, if the group of employees covered by the Agreement was fairly chosen, and whether the written undertakings provided by the Applicant would not cause financial detriment to employees or result in substantial changes to the Agreement. The Commission was also tasked with determining if the Agreement was in compliance with the provisions of the Fair Work Act and other relevant legislation.

After reviewing the application and the written undertakings, the Commissioner found that the Agreement met the requirements for approval. The Commissioner was satisfied that the undertakings would not cause financial detriment to employees and would not result in substantial changes to the Agreement. Furthermore, the Commissioner determined that the group of employees covered by the Agreement was fairly chosen, considering the factors outlined in sections 186(3) and (3A) of the Act. Consequently, the Agreement was approved, and it was set to operate from 10 May 2016, with a nominal expiry date of 1 April 2019.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established