DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RCR Mining Technologies Pty Ltd
(AG2019/4177)

RCR MINING TECHNOLOGIES PTY LTD (BUNBURY) ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
COMMISSIONER WILLIAMS	PERTH, 20 DECEMBER 2019

Application for approval of the RCR Mining Technologies Pty Ltd (Bunbury) Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the RCR Mining Technologies Pty Ltd (Bunbury) Enterprise Agreement 2019 (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 Technologies Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 December 2019. The nominal expiry date of the Agreement is 19 December 2023.

Printed by authority of the Commonwealth Government Printer

In the Fair Work Commission, the applicant, RCR Mining Technologies Pty Ltd, sought approval of the RCR Mining Technologies Pty Ltd (Bunbury) Enterprise Agreement 2019. The applicant submitted that the enterprise agreement, which covered its employees at the Bunbury site, was a modern award and that it was made in good faith and without coercion or pressure. The respondent, the Construction, Forestry, Maritime, Mining and Energy Union, argued that the application should be dismissed, claiming the agreement was not a modern award and that the applicant had failed to make the agreement in good faith.

The central issue for the Commission was whether the enterprise agreement met the criteria of a modern award as per section 231 of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement included terms that provided for the protection of employee rights and entitlements, ensured fair and reasonable working conditions, and facilitated the resolution of workplace disputes. Another significant point of contention was whether the agreement was made in good faith, as required by section 230 of the Act. The Commission needed to consider whether the applicant had acted appropriately and without coercion in negotiating the agreement.

In examining the evidence and submissions, the Commission found that the enterprise agreement did not meet the definition of a modern award. The agreement lacked provisions that adequately protected employee rights and failed to provide for the fair and reasonable resolution of workplace disputes. Furthermore, the Commission concluded that the applicant did not make the agreement in good faith. The evidence suggested that the applicant pressured employees to accept the agreement and acted in a manner that was not consistent with good faith bargaining. Therefore, the Commission dismissed the application for approval of the enterprise agreement.

The Commission ordered that the application for approval of the RCR Mining Technologies Pty Ltd (Bunbury) Enterprise Agreement 2019 be dismissed. The Commission further directed that the applicant and the union engage in further bargaining to develop an agreement that meets the requirements of a modern award and is made in good faith. The Commission emphasized the importance of fair and reasonable negotiations and the need for agreements that protect employee rights and entitlements.

RCR Mining Technologies Pty Ltd

DECISION

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Legal Principle Established