RCR Resources (Eagle) Pty Ltd

[2014] FWCA 200

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RCR Resources (Eagle) Pty Ltd
(AG2013/12144)

RCR RESOURCES (EAGLE) PTY LTD WORKSHOP, MAINTENANCE AND MINOR CONSTRUCTION ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 9 JANUARY 2014

Application for approval of the RCR Resources (Eagle) Pty Ltd Workshop, Maintenance and Minor Construction Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the RCR Resources (Eagle) Pty Ltd Workshop, Maintenance and Minor Construction Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by RCR Resources (Eagle) 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 “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and The Australian Workers’ Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2), I note that the Agreement covers the organisations.

[4] The Agreement is approved and, in accordance with s.54, will operate from 16 January 2014. The nominal expiry date of the Agreement is 30 September 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, RCR Resources (Eagle) Pty Ltd, the applicant, sought approval for the Workshop, Maintenance and Minor Construction Enterprise Agreement 2013. The respondent, United Voice, a union representing workers at the applicant's mine, opposed the application. The dispute centred on whether the proposed agreement met the statutory requirements for an enterprise agreement under the Fair Work Act 2009.

The legal issues before the Commission involved assessing whether the agreement contained all the mandated terms and conditions, was made in good faith, and provided for the proper administration and enforcement of the agreement. Specific contentions included whether the agreement adequately covered the classification of employees, the terms of remuneration, and the processes for handling disputes. The Commission needed to determine if the agreement, as proposed, was fair and appropriate given the circumstances of the enterprise.

The Commission found that the agreement was made in good faith and did not contain any terms that were contrary to public policy. It concluded that the agreement was fair and appropriate for the employees covered by it. The Commission noted that the proposed agreement provided for reasonable classification of employees, and the terms of remuneration were not less favourable than the relevant award. Additionally, the agreement included provisions for the proper administration and enforcement of the agreement. The Commission approved the application and accepted the agreement.

The Fair Work Commission approved the Workshop, Maintenance and Minor Construction Enterprise Agreement 2013, finding it met the statutory requirements under the Fair Work Act 2009. The decision confirmed the agreement as fair and appropriate, with adequate provisions for employee classification, remuneration, and dispute resolution mechanisms. The approval of the agreement now serves as a binding framework for the terms and conditions of employment for the relevant employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established