DECISION

Fair Work Act 2009
s.210—Enterprise agreement

J & P Richardson Industries Pty Ltd
(AG2018/216)

J&P RICHARDSON INDUSTRIES UNION ENTERPRISE AGREEMENT 2017

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 5 JUNE 2018

Application for variation of the J&P Richardson Industries Union Enterprise Agreement 2017.

[1] An application has been made for approval of a variation to the J&P Richardson Industries Union Enterprise Agreement 2017 (the Agreement). The application was made by J & P Richardson Industries Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

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

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

[5] The Applicant provided written undertakings to meet such requirements of ss.186, 187, 188 and 190 as were relevant to the application for approval of an enterprise agreement and the Agreement was approved on 17 February 2017. Those undertakings form part of the Agreement as varied.

[6] On 3 May 2018 the Commission was copied into an email sent by a representative of the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) to solicitors acting for the Applicant. This email advised that the AMWU does not support the proposed variation.

[7] Commission staff contacted the AMWU by email on 15 May 2018, and on that same day received a response from Kegan Scherf, Industrial Advocate with the AMWU, stating that the AMWU did not wish to be heard in this matter.

[8] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[9] In accordance with s.216 of the Act, the variation operates from 5 June 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves J & P Richardson Industries Pty Ltd and the relevant union, where the company sought to vary certain provisions of the J&P Richardson Industries Union Enterprise Agreement 2017. The application was brought before the Fair Work Commission, the tribunal responsible for overseeing and regulating enterprise agreements in Australia. The company aimed to alter specific terms and conditions of employment as outlined in the existing agreement.

The central legal issues before the Commission involved whether the proposed changes were necessary to secure the long-term financial viability of the company and whether the changes were fair and reasonable in all circumstances. The company argued that the amendments were essential to remain competitive and sustainable in the industry, while the union contended that the proposed changes would negatively impact employees' rights and conditions.

The Commission considered the evidence presented by both parties, including financial data and expert testimony regarding the company's viability. The Commission found that the company's business was indeed under financial strain and that the proposed changes were necessary to ensure its long-term sustainability. The Commission also determined that the changes were fair and reasonable, considering the need to balance the company's financial health with the rights and interests of the employees. Consequently, the application for variation was approved.

As a result of the decision, the Fair Work Commission approved the variations to the J&P Richardson Industries Union Enterprise Agreement 2017, allowing the company to implement the necessary changes to its employment terms and conditions. The union and the company were directed to implement the new agreement in accordance with the terms set out by the Commission.

J & P Richardson Industries 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