DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RCR Resources Pty Ltd T/A RCR Resources Construction and Maintenance
(AG2015/94)

RCR RESOURCES PTY LTD NORTHWEST ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 13 FEBRUARY 2015

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

[1] An application has been made for approval of an enterprise agreement known as the RCR Resources Pty Ltd Northwest 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 T/A RCR Resources Construction and Maintenance. 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 13 February 2015 and, in accordance with s.54, will operate from 20 February 2015. The nominal expiry date of the Agreement is 31 October 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of RCR Resources Pty Ltd trading as RCR Resources Construction and Maintenance, an application was brought before the Fair Work Commission to approve the Northwest Enterprise Agreement 2014. The application was initiated by the employer, RCR Resources Pty Ltd, to secure formal recognition and approval of the agreement that was negotiated with the employees' representative, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred on whether the proposed agreement adequately fulfilled the requirements of the Fair Work Act 2009 and if it was fair and reasonable in terms of its provisions and compliance with the statutory criteria.

The key legal issues before the Fair Work Commission were whether the agreement met the procedural fairness requirements, if it was made without any improper influence or coercion, and whether it was free from any discriminatory provisions. Furthermore, the Commission needed to determine if the agreement provided for fair terms and conditions of employment and if it complied with the 'better off overall test'. This test ensures that the employees are not worse off financially under the new agreement compared to their previous conditions.

The Fair Work Commission found that the agreement had been negotiated in good faith and that there was no evidence of any improper influence or coercion during the negotiation process. The Commission also determined that the agreement was free from any discriminatory provisions and provided for fair terms and conditions of employment. The 'better off overall test' was satisfied, as the employees would be better off under the new agreement in terms of wages and conditions. Consequently, the Commission approved the Northwest Enterprise Agreement 2014, finding it to be fair and reasonable.

The final orders of the Fair Work Commission were that the Northwest Enterprise Agreement 2014 between RCR Resources Pty Ltd and the CFMEU be approved as a registered agreement under the Fair Work Act 2009. This approval would take effect from the date of the decision and would remain in force until the earlier of either the agreement's expiry or a new agreement being registered.

RCR Resources Pty Ltd T/A RCR Resources Construction and Maintenance

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established