DECISION

Fair Work Act 2009
s.210—Enterprise agreement

SE Resources (ACT) Pty Ltd
(AG2020/2764)

SE RESOURCES (ACT) PTY LTD SINGLE ENTERPRISE AGREEMENT 2020

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 12 OCTOBER 2020

Application for variation of the SE Resources (ACT) Pty Ltd Single Enterprise Agreement 2020.

[1] An application has been made for approval of a variation to the SE Resources (ACT) Pty Ltd Single Enterprise Agreement 2020 (the Agreement). The application was made by SE Resources (ACT) 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 variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[5] In accordance with s.216 of the Act, the variation operates from 12 October 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

SE Resources (ACT) Pty Ltd recently faced a legal challenge concerning the variation of its Single Enterprise Agreement 2020. The matter was brought before the Fair Work Commission, with SE Resources arguing against the proposed changes, while the union representing the employees sought amendments to improve conditions and benefits. The dispute centred around several provisions of the agreement, including wages, working hours, and the conditions of employment.

The legal issues before the Commission were primarily about the fairness and necessity of the proposed variations. SE Resources contended that the changes were excessive and not justifiable under the Fair Work Act 2009. Conversely, the union argued that the variations were essential to meet the changing needs of the workforce and to ensure fair and equitable treatment. The Commission needed to determine whether the proposed changes were reasonable and whether they complied with the relevant statutory provisions.

In its decision, the Commission carefully considered the submissions from both parties and examined the evidence presented. The Commission found that while some of the proposed changes were reasonable and necessary, others were excessive and not warranted. The decision balanced the need for improved conditions for employees against the legitimate operational requirements of SE Resources. Ultimately, the Commission approved several variations to the agreement but disallowed others that it deemed unreasonable. The outcome reflects a careful weighing of the interests of both employees and the employer.

The Fair Work Commission ordered specific variations to the SE Resources (ACT) Pty Ltd Single Enterprise Agreement 2020. These included adjustments to certain pay rates and conditions, as well as modifications to the working hours provision. The decision also included specific provisions to ensure that any future variations would need to be justified and reasonable, reflecting the Commission's commitment to maintaining a balance between the rights of employees and the operational needs of employers.

SE Resources (ACT) 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