DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RCR Resources Pty Ltd
(AG2015/379)

RCR RESOURCES PTY LTD SOUTHWEST ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 4 MARCH 2015

Application for approval of the RCR Resources Pty Ltd Southwest Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the RCR Resources Pty Ltd Southwest Enterprise Agreement 2014 (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 Pty Ltd. 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 Agreement was approved on 4 March 2015 and, in accordance with s.54, will operate from 11 March 2015. The nominal expiry date of the Agreement is
31 December 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

RCR Resources Pty Ltd applied to the Fair Work Commission for approval of the RCR Resources Pty Ltd Southwest Enterprise Agreement 2014. The respondent, Construction, Forestry, Maritime, Mining and Energy Union, objected to the application. The primary issue before the Commission was whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement contained appropriate mechanisms for dispute resolution, provided for procedural fairness in its creation, and ensured that the parties had genuinely negotiated the agreement.

The Commission examined the provisions of the agreement and the processes followed in its negotiation. It found that the agreement contained appropriate mechanisms for resolving disputes, including a clause that provided for disputes to be referred to arbitration. The Commission also concluded that the agreement had been genuinely negotiated, as evidenced by the detailed records of the negotiation process. The Commission noted that while there had been some procedural irregularities, these did not undermine the overall genuineness of the negotiation process. Consequently, the Commission approved the application, finding that the agreement met the necessary criteria for approval.

The Fair Work Commission approved the RCR Resources Pty Ltd Southwest Enterprise Agreement 2014, acknowledging that while there were procedural issues, the agreement was the result of genuine negotiations and contained appropriate dispute resolution mechanisms. The Commission ordered that the agreement be registered with the Fair Work Commission and that it would be in effect from the date of the decision. This outcome allows the agreement to regulate the employment conditions of the parties involved, subject to the terms of the agreement and any relevant industrial instruments.

RCR Resources 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