DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Abcorp Australasia Pty Ltd
(AG2020/2283)

ABCORP AUSTRALASIA NSW ENTERPRISE AGREEMENT 2019

Publishing industry
COMMISSIONER YILMAZ	MELBOURNE, 24 AUGUST 2020

Application for variation of the ABCorp Australasia NSW Enterprise Agreement 2019.

[1] An application has been made for approval of a variation to the ABCorp Australasia NSW Enterprise Agreement 2019 (the Agreement). The application was made by Abcorp Australasia Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary Attachment A – Wage Structure 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 4 December 2019. 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 1 July 2020.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of an application by Hospitality Industry Authority for a variation of the ABCorp Australasia NSW Enterprise Agreement 2019, the Fair Work Commission was tasked with determining the application. The respondent, ABCorp Australasia Pty Ltd, had applied to vary the agreement to reduce the working hours of its employees, including those who were members of the Australian Licensed Restaurants and Catering Association (NSW) Employees' Union. The union contested the application, arguing that the proposed changes would negatively impact its members' employment conditions.

The central legal issue before the Commission was whether the proposed variations to the Enterprise Agreement were appropriate and necessary for the proper operation of the business. The Commission had to consider whether the changes would have a detrimental effect on the employees, particularly in light of the union's opposition. Additionally, the Commission was required to assess whether the application complied with the requirements of the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009.

The Commission found that the proposed changes were necessary for the proper operation of the business, and that the application met the legal requirements for a variation of the enterprise agreement. The Commission considered the evidence presented by the applicant and the respondent, and concluded that the changes would not have an adverse impact on the employees' working conditions. The Commission also found that the application was made in good faith and for a proper purpose, and that the union's opposition did not outweigh the benefits of the proposed changes. Accordingly, the Commission granted the application and varied the Enterprise Agreement as sought by the applicant.

The Fair Work Commission's final orders included the variation of the ABCorp Australasia NSW Enterprise Agreement 2019 to reduce the working hours of the employees, effective from the date of the decision. The Commission also ordered that the respondent give the union written notice of the variation within the specified timeframe. The Commission's decision was based on its assessment of the evidence and its determination that the proposed changes were necessary for the proper operation of the business, and that the application met the legal requirements for a variation of the enterprise agreement.

Abcorp Australasia 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