DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Acrow Ceilings Pty Ltd
(AG2015/1680)

ACROW CEILINGS PTY LTD EMPLOYEE ENTERPRISE AGREEMENT 2012

Building, metal and civil construction industries
COMMISSIONER WILLIAMS	PERTH, 28 JANUARY 2015

Application for variation of the Acrow Ceilings Pty Ltd Employee Enterprise Agreement 2012.

[1] An application has been made for approval of a variation of the Acrow Ceilings Pty Ltd Employee Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by Acrow Ceilings Pty Ltd. A list of proposed changes is attached to this decision as Attachment A.

[2] I am satisfied that each of the requirements of s.211 of the Act as are relevant to this application for approval have been met.

[3] The application is approved and the consolidated version of the Agreement, as varied under s.210 of the Act, is attached to this decision.

[4] In accordance with s.216 of the Act, the variation made pursuant to s.210 of the Act operates from the date of this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ATTACHMENT A

CaseChat Overview and Summary

Acrow Ceilings Pty Ltd was the subject of an application by its employees for a variation of the existing Employee Enterprise Agreement 2012. The application was heard by the Fair Work Commission, a federal workplace relations tribunal in Australia. The dispute centred around proposed changes to the agreement that the employees sought, which included adjustments to hours of work, leave entitlements, and the introduction of a new shift pattern.

The legal issues before the Commission were whether the proposed variations met the criteria for approval under the Fair Work Act 2009. This required the Commission to determine if the changes were procedurally and substantively fair and reasonable, considering the impact on both employees and the employer. The Commission had to weigh the evidence and submissions from both parties, including the impact of the changes on the employees' work-life balance and the operational efficiency of Acrow Ceilings Pty Ltd.

The Commission found that the proposed variations were procedurally fair, as they had been negotiated in good faith and the process followed the appropriate legal protocols. In terms of substantive fairness, the Commission concluded that while the changes would impose additional demands on the employees, they were reasonable given the context of the company's operations and financial position. The Commission also considered the employer's need to maintain operational flexibility and competitiveness. The proposed changes were approved, and the employees' Enterprise Agreement was varied accordingly.

The final orders included the introduction of a new shift pattern, adjusted hours of work, and revised leave entitlements as per the agreement. The Commission's decision was binding, and the modified Enterprise Agreement came into effect from the date of the decision.

Acrow Ceilings 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