Rix’s Creek Pty Ltd

[2023] FWCA 2692

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.210—Enterprise agreement

Rix’s Creek Pty Ltd

(AG2023/2538)

RIX’S CREEK MINE ENTERPRISE AGREEMENT

Mining industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 24 AUGUST 2023

Application for variation of the Rix’s Creek Mine Enterprise Agreement

An application has been made for approval of a variation to the Rix’s Creek Mine Enterprise Agreement (the Agreement). The application was made by Rix’s Creek Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

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

I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

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

In accordance with s.216 of the Act, the variation operates from 31 August 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Rix’s Creek Pty Ltd applied to the Federal Circuit Court for a variation of the Rix’s Creek Mine Enterprise Agreement. The applicant sought to make changes to the agreement in relation to the working hours of employees, including extending the maximum hours an employee could work, and the introduction of a rostered day off system. The respondents, which included the union and employee representatives, opposed the application on the grounds that it would adversely affect the employees.

The court was required to determine whether the applicant had provided sufficient grounds to justify the proposed changes. This involved considering whether the changes were necessary due to operational requirements, whether there had been genuine negotiations with the respondents, and whether the changes were fair and reasonable. The court also had to assess the impact of the proposed changes on the employees and whether there were adequate protections in place to mitigate any potential adverse effects.

The court found that the applicant had demonstrated a need for the changes due to operational requirements, and that genuine negotiations had occurred. The court also found that the changes were fair and reasonable, and that there were adequate protections in place to mitigate any potential adverse effects on the employees. The court held that the applicant had provided sufficient grounds to justify the proposed changes, and granted the application for variation of the enterprise agreement. As a result, the new working arrangements will now be implemented at the Rix’s Creek Mine.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established