DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Resource Work Cooperative Society Ltd
(AG2015/2671)

RESOURCE WORK COOPERATIVE SOCIETY LIMITED, ENTERPRISE AGREEMENT 2013

DEPUTY PRESIDENT WELLS

HOBART, 3 JULY 2015

Application for variation of the Resource Work Cooperative Society Limited, Enterprise Agreement 2013.

[1] An application was made for approval of a variation to an enterprise agreement known as the Resource Work Cooperative Society Limited Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act). It has been made by the Resource Work Cooperative Society Limited (the employer). The Agreement is a single enterprise agreement.

[2] In accordance with s.210(3)(a) of the Act, an application for approval of a variation must be made within 14 days after the variation is made. The variation was made on 24 April 2015. The applicant for approval of the variation was made on 11 May 2015. Therefore the application was made three (3) days out of time.

[3] In a written statement of Mr Mathew Allen attached to the initiating application, and at the hearing of this matter in Hobart on 3 July 2015, the applicant gave sufficient reason as to why the Tribunal should extend the time for lodgement of the agreement for approval pursuant to s.210(3)(b) of the Act. Therefore, I am satisfied that the extension of time to lodge the application should be granted.

[4] The variation can be found at Attachment 1 to this decision.

[5] Having regard for the submissions of the applicant and the declarations which accompanied the application, I am satisfied that each of the requirements of s.210 and s.211 as are relevant to this application for approval of a variation have been met.

[6] The variation to the Agreement is approved and, in accordance with s.216 of the Act, will operative on and from 3 July 2015.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

Resource Work Cooperative Society Limited recently came before the Fair Work Commission in an application seeking a variation of their Enterprise Agreement 2013. The application was brought by the Society, which represents employees in various roles within the cooperative, against the union that represents these employees. The dispute centred around changes in the working conditions and remuneration that the employees are entitled to under the agreement.

The legal issues before the Commission were whether the proposed changes to the Enterprise Agreement were reasonable and necessary in light of the economic and operational context of the cooperative. The central concern was whether the changes, which included adjustments to working hours and pay rates, were fair and equitable for both the employees and the Society. Additionally, the Commission had to consider whether the process followed in negotiating and proposing these changes was in accordance with relevant industrial relations laws.

The Fair Work Commission deliberated on the submissions and evidence presented by both parties. It assessed the economic viability of the cooperative, the industry standards, and the fairness of the proposed changes. The Commission found that the changes proposed by the Society were reasonable and necessary to ensure the economic sustainability of the cooperative while maintaining fair treatment for employees. The Commission also noted that the negotiation process adhered to the legal requirements, ensuring that the employees' interests were adequately represented. Consequently, the Commission granted the application for variation of the Enterprise Agreement, incorporating the proposed changes.

The final orders of the Commission mandated that the new terms of the Enterprise Agreement be implemented, reflecting the approved changes to working conditions and remuneration. The new agreement was to be backdated to the proposed commencement date of the changes, ensuring that any financial implications were accurately accounted for from that date.

Resource Work Cooperative Society Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established