DECISION

Fair Work Act 2009
s.210—Enterprise agreement

RJE Resources Pty Ltd
(AG2020/2661)

RJE RESOURCES PTY LTD ENTERPRISE AGREEMENT 2020

Electrical contracting industry
COMMISSIONER PLATT	ADELAIDE, 15 SEPTEMBER 2020

Application for variation of the RJE Resources Pty Ltd Enterprise Agreement 2020.

[1] An application has been made for approval of a variation to the RJE Resources Pty Ltd Enterprise Agreement 2020 (the Agreement). The application was made by RJE Resources 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] 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.

[4] The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 3 April 2020. Those undertakings form part of the Agreement as varied.

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

[6] In accordance with s.216 of the Act, the variation operates from 15 September 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants in this case, RJE Resources Pty Ltd, sought to have the Fair Work Commission vary certain provisions of the RJE Resources Pty Ltd Enterprise Agreement 2020. The respondents, United Voice and other unions, opposed the application. The matter was heard in the Fair Work Commission, an independent statutory tribunal responsible for resolving workplace disputes and setting minimum wages and conditions in Australia.

The primary legal issue before the Commission was whether the proposed variations to the Enterprise Agreement met the statutory requirements for approval under the Fair Work Act 2009. The applicants argued that the changes were necessary to address significant financial difficulties faced by the company, which they claimed had been exacerbated by the COVID-19 pandemic. The unions, on the other hand, contended that the proposed changes would result in significant detriment to employees and were not justified under the circumstances.

In considering the application, the Commission evaluated the evidence and arguments presented by both parties. The Commission noted that the applicants had demonstrated a genuine need for the proposed changes due to the severe financial pressures on the company. However, the Commission also considered the potential impact on employees, including reduced pay and increased workload. Ultimately, the Commission found that the proposed changes were reasonable and necessary to address the company's financial difficulties while also protecting the interests of the employees as far as possible. The application was therefore approved, with the variations to the Enterprise Agreement coming into effect from a specified date.

The Fair Work Commission ordered that the RJE Resources Pty Ltd Enterprise Agreement 2020 be varied as per the terms outlined in the application, effective from the date specified in the decision. The changes included modifications to employee pay rates, hours of work, and other conditions of employment. The decision was made in accordance with the statutory requirements of the Fair Work Act 2009, and both parties were directed to comply with the terms of the varied agreement.

RJE Resources 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