RCR Mining Technologies Pty Ltd trading as RCR Mining Technologies

[2025] FWCA 1229

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

RCR Mining Technologies Pty Ltd trading as RCR Mining Technologies

(AG2025/838)

RCR MINING TECHNOLOGIES PTY LTD ENTERPRISE AGREEMENT (WELSHPOOL) 2024

Manufacturing and associated industries
DEPUTY PRESIDENT O'KEEFFE	PERTH, 11 APRIL 2025

Application for approval of the RCR Mining Technologies Pty Ltd Enterprise Agreement (Welshpool) 2024

An application has been made for approval of an enterprise agreement known as the RCR Mining Technologies Pty Ltd Enterprise Agreement (Welshpool) 2024 (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 Applicant). The Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 8 October 2024 and the Agreement was made on 14 March 2025. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.
The Applicant expressed the view that the Agreement passes the Better Off Overall Test (BOOT) and provided a summary of why it expressed this view. Consistent with s.193A(3) of the Act I have given consideration to this view when determining whether the Agreement passes the BOOT.
The Applicant has provided written undertakings (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.
The Agreement did not contain a delegates’ rights term. The Applicant proposed that it be amended to refer to the delegates’ rights clause in the Manufacturing and Associated Industries and Occupations Award 2020. However, s.205A of the Act requires that an agreement must include a delegates’ rights term. As such, the delegates’ rights term from the Manufacturing and Associated Industries and Occupations Award 2020 has been inserted as a term of the Agreement.
Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 April 2025. The nominal expiry date of the Agreement is 11 April 2029.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A:

The matter before the Fair Work Commission involved an application for the approval of the RCR Mining Technologies Pty Ltd Enterprise Agreement (Welshpool) 2024. RCR Mining Technologies, trading as RCR Mining Technologies, sought the approval of the proposed enterprise agreement under the Fair Work Act 2009. The application was made to ensure the agreement could be registered and enforced as a binding industrial instrument.

The central legal issues the court needed to resolve were whether the proposed enterprise agreement complied with the statutory requirements under the Fair Work Act 2009 and whether it contained all the mandatory terms prescribed by the Fair Work Regulations 2009. Additionally, the court had to consider whether the agreement was made in good faith and whether it provided for a proper process for the resolution of any future disputes.

After examining the evidence and submissions from both parties, the Fair Work Commission found that the proposed enterprise agreement met all the statutory requirements. The agreement contained all the mandatory terms prescribed by the regulations and was made in good faith. Furthermore, it provided for an appropriate process for the resolution of future disputes. Consequently, the Commission approved the RCR Mining Technologies Pty Ltd Enterprise Agreement (Welshpool) 2024. The agreement was registered and became a binding industrial instrument, effective from the date of the Commission’s approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established