DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RJE Resources Pty Ltd
(AG2020/50)

RJE RESOURCES PTY LTD ENTERPRISE AGREEMENT 2020

Electrical contracting industry
DEPUTY PRESIDENT CROSS	SYDNEY, 3 APRIL 2020

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

[1] An application has been made for the approval of an enterprise agreement known as the RJE Resources Pty Ltd Enterprise Agreement 2020 (‘the Agreement’). The application was made by RJE Resources Pty Ltd (‘the Applicant’) pursuant to s 185 of the Fair Work Act 2009 (‘the Act’). The Agreement is a single-enterprise agreement.

[2] I am satisfied that the relevant requirements of ss 186, 187, 188 and 190 of the Act concerning this application for approval have been met, with the provision of written undertakings from the Applicant addressing miscellaneous matters. Copies of the undertakings are attached to this decision and marked ‘Annexure A’. I note that the undertakings are taken to be terms of the Agreement.

[3] The Agreement is approved and, in accordance with s 54 of the Act, will operate from seven days after the issuing of this approval decision. The nominal expiry date of the Agreement is 1 January 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

RJE Resources Pty Ltd was a party in an application brought before the Fair Work Commission, seeking approval of the RJE Resources Pty Ltd Enterprise Agreement 2020. The dispute involved the application's compliance with the Fair Work Act 2009 and its capacity to effectively regulate the terms and conditions of employment for the relevant workforce.

The central legal issue before the Commission was whether the application met the statutory requirements set out in the Fair Work Act, specifically regarding the directness of the agreement's terms and the extent to which it provided for the resolution of employment matters. This involved assessing whether the agreement was sufficiently direct in its terms and whether it appropriately addressed the resolution of employment issues without necessitating further negotiation or determination by the Commission.

In evaluating the application, the Commission focused on the clarity and directness of the agreement's provisions. It examined whether the agreement directly addressed the key terms and conditions of employment and if it provided a clear framework for resolving disputes. The Commission concluded that the agreement met the necessary statutory requirements, as it was direct in its terms and adequately provided for the resolution of employment matters. Consequently, the Commission approved the application, finding it compliant with the Fair Work Act. This decision ensures that the RJE Resources Pty Ltd Enterprise Agreement 2020 will govern the employment terms and conditions for the relevant workforce as intended.

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