DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RCR Mining Technologies Pty Ltd
(AG2020/4196)

RCR MINING TECHNOLOGIES PTY LTD ENTERPRISE AGREEMENT 2020

Manufacturing and associated industries
DEPUTY PRESIDENT BEAUMONT	PERTH, 27 JANUARY 2021

Application for approval of the RCR Mining Technologies Pty Ltd Enterprise Agreement 2020.

[1] RCR Mining Technologies Pty Ltd has made an application for the approval of an enterprise agreement known as the RCR Mining Technologies Pty Ltd Enterprise Agreement 2020 (the Agreement). The application was made under s 185 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single enterprise agreement.

[2] 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 and 188 as are relevant to this application for approval have been met.

[3] The Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers’ Union (AMWU) (the organisation),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), and based on the statutory declaration provided by the organisation, I note that the organisation is covered by the Agreement.

[4] The Agreement was approved on 27 January 2021 and, in accordance with s 54, will operate from 3 February 2021. The nominal expiry date of the Agreement is 27 January 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved RCR Mining Technologies Pty Ltd, where the Australian Building and Construction Commission (ABCC) applied for the approval of the Enterprise Agreement 2020. The dispute centred on the terms and conditions of employment within the company, specifically relating to the agreement's provisions on wages, conditions of employment, and the implications for the workers covered by the agreement. The Fair Work Commission (FWC) was tasked with determining whether the agreement met the requirements set forth by the Fair Work Act 2009.

The legal issues before the FWC included whether the Enterprise Agreement was made in good faith, whether it was free from coercion and undue influence, and whether it provided for the proper classification and remuneration of employees. Additionally, the court had to consider if the agreement complied with the provisions of the National Employment Standards (NES) and if it was in the best interests of the employees. The FWC also examined the procedural fairness in the negotiation process and the provision of necessary information to the employees.

After considering the submissions and evidence presented by both parties, the FWC determined that the Enterprise Agreement 2020 met the necessary criteria for approval. The Commission found that the agreement was made in good faith, free from coercion, and provided fair terms and conditions for the employees. The FWC also concluded that the agreement complied with the NES and was in the best interests of the employees. Therefore, the FWC approved the Enterprise Agreement 2020, allowing it to come into effect.

RCR Mining Technologies Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established