DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RCR Mining Pty Ltd
(AG2014/10412)

RCR MINING PTY LTD BUNBURY OPERATIONS ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 16 MARCH 2015

Application for approval of the RCR Mining Pty Ltd Bunbury Operations Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the RCR Mining Pty Ltd Bunbury Operations Enterprise Agreement 2014 (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, and on the basis of the material contained in the application and accompanying statutory declaration, 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 was approved on 13 March 2015 and, in accordance with s.54, will operate from 20 March 2015. The nominal expiry date of the Agreement is 31 December 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, RCR Mining Pty Ltd sought approval for the Bunbury Operations Enterprise Agreement 2014. The dispute involved the terms of the proposed agreement and its compliance with the Fair Work Act 2009. The Commission was tasked with determining whether the agreement met the necessary standards for approval, including its compliance with the provisions regarding minimum wages and conditions, as well as its fairness and reasonableness.

The central legal issues before the Commission involved whether the proposed enterprise agreement complied with the statutory requirements set out in the Fair Work Act. Specifically, the Commission needed to examine whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it met the criteria for approval as outlined in the Act. This included assessing the agreement against the relevant minimum standards, such as minimum wage rates, penalty rates, and other conditions of employment.

The Commission found that the proposed agreement met the statutory requirements for approval. The agreement was deemed to provide for fair and reasonable terms and conditions of employment, and it complied with the minimum standards prescribed by the Fair Work Act. The Commission concluded that the agreement was in the interests of the employees and the employer, and it was therefore appropriate to approve the agreement. Consequently, the Commission approved the RCR Mining Pty Ltd Bunbury Operations Enterprise Agreement 2014.

The Fair Work Commission approved the enterprise agreement, setting a precedent for future agreements and ensuring compliance with the Fair Work Act. The approval reflects the Commission's consideration of the agreement's fairness and reasonableness, and its adherence to the statutory minimum standards.

RCR Mining Pty Ltd

DECISION

ANNEXURE A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established