RJE Resources Pty Ltd
[2024] FWCA 1507
•23 APRIL 2024
| [2024] FWCA 1507 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
RJE Resources Pty Ltd
(AG2024/1144)
RJE RESOURCES PTY LTD ENTERPRISE AGREEMENT 2024
| Electrical contracting industry | |
| COMMISSIONER PLATT | ADELAIDE, 23 APRIL 2024 |
Application for approval of the RJE Resources Pty Ltd Enterprise Agreement 2024
An application has been made for approval of an enterprise agreement known as the RJE Resources Pty Ltd Enterprise Agreement 2024 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by RJE Resources Pty Ltd (the Applicant). The agreement is a single enterprise agreement.
The matter was allocated to my Chambers on 16 April 2024.
On 18 April 2024, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including through the provision of an undertaking.
There is one National Employment Standard (NES) issue that requires comment:
· Clause 7.2.2.2 of the Agreement states that if an employee fails to give the required notice, the employer has the right to withhold or deduct any monies or entitlements owed to the employee of an amount equal to the notice period not given. This clause appears to permit the Applicant to withhold monies owing to the employee under the NES.
Clause 1.4.1 of the Agreement acts as an effective NES precedence clause. As a result, the above clause will not apply to the extent it is inconsistent with the NES.
The Applicant has submitted an undertaking in the required form dated 17 April 2024. The undertaking ensures the minimum engagement for casual Mechanical, Civil and Building employees will be 4 hours.
A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives did not express any view on the undertaking.
I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 31 March 2028.
COMMISSIONER
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