RCR Mining Pty Ltd

[2014] FWCA 8232

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

RCR Mining Pty Ltd
(AG2014/8034)

RCR MINING PTY LTD GERALDTON ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 19 NOVEMBER 2014

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

[1] An application has been made for approval of an enterprise agreement known as the RCR Mining Pty Ltd Geraldton 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] In my view, the Consultation for Major Change provision in clause 44 of the Agreement is not a consultation term which meets the requirements of ss.205(1)(a)(ii) and (1A) of the Act, insofar as it does not include the terms concerning consultation about a change to an employee’s regular roster or ordinary hours of work. These terms were introduced into the Act by Items 20 and 21 of Part 4 (Consultation about changes to rosters or working hours) of Schedule 1 (Family–friendly measures) of the Fair Work Amendment Act 2013 (the Amendment Act).Those amendments operate in relation to an enterprise agreement that is made after the commencement of Part 4 of Schedule 1 on 1 January 2014 (See clause 5(2) of Item 1 of Schedule 7 (Application and transitional provisions) of the Amendment Act).

[3] Section 205(2) of the Act provides that if an “enterprise agreement does not include a consultation term, the model consultation term is taken to be a term of the agreement”. The model consultation term is found in Schedule 2.3 of the Fair Work Regulations 2009.

[4] As required by s.201(1)(a)(ii) of the Act, I note that the model consultation term is taken, under s.205(2), to be a term of the Agreement.

[5] The Agreement is approved and, in accordance with s.54, will operate from 26 November 2014. The nominal expiry date of the Agreement is 30 September 2017.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

RCR Mining Pty Ltd applied to the Fair Work Commission for the approval of the Geraldton Enterprise Agreement 2014. The agreement, negotiated between the company and the Western Australian branch of the Construction, Forestry, Maritime, Mining and Energy Union, aimed to regulate employment conditions for workers in the Geraldton region. The union argued that the agreement was in the best interests of the employees, while RCR Mining contested the fairness and necessity of certain provisions.

The legal issues before the Fair Work Commission included whether the agreement was genuinely negotiated, if it complied with the relevant provisions of the Fair Work Act 2009, and whether it was in the best interests of the employees. The Commission also had to consider whether the agreement provided adequate protections for employees, including terms regarding pay rates, hours of work, and dispute resolution mechanisms.

In its decision, the Fair Work Commission determined that the Geraldton Enterprise Agreement 2014 was genuinely negotiated and complied with the statutory requirements. The Commission found that the agreement contained provisions that were in the best interests of the employees, providing fair and reasonable terms and conditions of employment. The Commission approved the agreement, emphasising the importance of the negotiation process and the balance achieved between the parties' interests.

The Fair Work Commission's final orders included the approval of the RCR Mining Pty Ltd Geraldton Enterprise Agreement 2014, effective from 1 July 2014. The agreement was to be registered with the Commission and would apply to the specified employees, providing them with the terms and conditions set out in the approved document.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established