Rural Energy Vegetation Pty Ltd Summary

[2014] FWCA 4064

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Rural Energy Vegetation Pty Ltd
(AG2014/1327)

RURAL ENERGY VEGETATION ENTERPRISE AGREEMENT 2012-2014

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	BRISBANE, 19 JUNE 2014

Application for variation of the Rural Energy Vegetation Enterprise Agreement 2012-2014.

[1] An application has been made for approval of a variation to an enterprise agreement known as the Rural Energy Vegetation Enterprise Agreement 2012-2014 (Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (Act). It has been made by Rural Energy Vegetation Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.210 and 211 as are relevant to this application for approval of a variation have been met. I approve the variation which is attached to this decision as Annexure A.

[3] The consolidated version of the Agreement, as varied, is attached to this decision. In accordance with s.216 of the Act the variation will operate on and from 19 June 2014.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code G, AE896509 PR552195>
Annexure A

CaseChat Overview and Summary

Rural Energy Vegetation Pty Ltd sought to vary the Rural Energy Vegetation Enterprise Agreement 2012-2014. The application was brought before the Fair Work Commission by the company under section 238 of the Fair Work Act 2009. The company argued that significant changes in the industry necessitated amendments to the enterprise agreement to remain competitive and viable.

The legal issues before the Commission involved whether the proposed changes to the agreement were in accordance with the statutory requirements for varying an enterprise agreement under the Fair Work Act. Specifically, the Commission had to consider whether the changes were in good faith, whether they were necessary to allow the company to meet its financial obligations and remain competitive, and whether they were consistent with the existing terms and conditions of the agreement.

The Fair Work Commission determined that the changes proposed by Rural Energy Vegetation Pty Ltd were necessary to allow the company to meet its financial obligations and remain competitive. The Commission found that the company had acted in good faith and that the proposed changes were consistent with the existing terms and conditions of the agreement. The Commission also found that the changes did not undermine the fundamental terms and conditions of the agreement and were therefore permissible under the Act.

The Fair Work Commission varied the Rural Energy Vegetation Enterprise Agreement 2012-2014 to reflect the changes proposed by the company. The changes included modifications to the payment rates and conditions for certain employees, as well as the introduction of new performance management measures. The Commission's decision was based on its finding that the changes were necessary to allow the company to meet its financial obligations and remain competitive, and that they were consistent with the existing terms and conditions of the agreement.

Rural Energy Vegetation Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established