DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RCR Resources (Heat Treatment) Pty Ltd
(AG2015/4971)

RCR RESOURCES (HEAT TREATMENT) PTY LTD EMPLOYEE ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER ROE	MELBOURNE, 17 SEPTEMBER 2015

Application for approval of the RCR Resources (Heat Treatment) Pty Ltd Employee Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the RCR Resources (Heat Treatment) Pty Ltd Employee Enterprise Agreement 2015 (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 (Heat Treatment) Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), 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) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 17 September 2015 and, in accordance with s.54, will operate from 24 September 2015. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in this matter were RCR Resources (Heat Treatment) Pty Ltd and their employees, represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute arose from the application for approval of the RCR Resources (Heat Treatment) Pty Ltd Employee Enterprise Agreement 2015. The case was heard by the Fair Work Commission (FWC), the Australian federal workplace relations tribunal.

The legal issues before the FWC were whether the agreement met the requirements of the Fair Work Act 2009 (Cth), specifically whether it was made in accordance with the provisions of the Act, and whether it provided for the minimum terms and conditions of employment as stipulated in the Act. The CFMEU argued that the agreement did not meet these requirements, claiming that the bargaining process was not genuine and that the agreement contained terms that were not consistent with the minimum terms and conditions.

In its decision, the FWC found that the agreement was made in accordance with the Fair Work Act and that the bargaining process was genuine. The FWC also found that the agreement provided for the minimum terms and conditions of employment as required by the Act. The FWC dismissed the application by the CFMEU and approved the agreement. The FWC found that the CFMEU had not provided sufficient evidence to support their claims, and that the agreement was fair and reasonable.

As a result of the decision, the RCR Resources (Heat Treatment) Pty Ltd Employee Enterprise Agreement 2015 was approved and became a legally binding agreement between the company and its employees. The agreement sets out the terms and conditions of employment for the employees, including their pay and conditions, and provides a framework for the resolution of any workplace disputes that may arise. The CFMEU was ordered to pay the costs of the application.

RCR Resources (Heat Treatment) 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