Adams Jones Pty Ltd

[2022] FWCA 1235

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.210—Enterprise agreement

Adams Jones Pty Ltd

(AG2022/966)

Adams Jones Pty Ltd Enterprise Agreement 2018

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 7 APRIL 2022

Application for variation of the Adams Jones Pty Ltd Enterprise Agreement 2018

An application has been made for approval of a variation to the Adams Jones Pty Ltd Enterprise Agreement 2018 (the Agreement). The application was made by Adams Jones Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

Upon my request, the Applicant provided my Chambers with a copy of the notice which advised all employees of the time and place of the ballot and the voting method to be used. The ballot notice was sufficient to satisfy me that the relevant pre-approval requirements of the Act were met.

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 original Agreement. The undertakings were accepted and the Agreement was approved on 21 June 2019. Those undertakings form part of the Agreement as varied.

The Applicant has provided written undertakings in respect of the variation application A copy of the undertakings is attached in Annexure B. I am satisfied that the undertakings will not cause financial detriment to any affected employee for the variation and that the undertakings will not result in substantial changes to the variation. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

In accordance with s.216 of the Act, the variation operates from 7 April 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Adams Jones Pty Ltd, an employer, applied to the Fair Work Commission for a variation of the Adams Jones Pty Ltd Enterprise Agreement 2018. The applicant sought to amend the enterprise agreement to include a new clause that would allow for remote work arrangements. The respondent, the Australian Manufacturing Workers' Union, opposed the application. The Fair Work Commission was required to determine whether the proposed variation was appropriate and in line with the principles of the Fair Work Act 2009.

The legal issues before the Commission included whether the proposed changes were procedurally valid, whether the changes were consistent with the principles of the Fair Work Act, and whether the changes would have a significant impact on the employees' conditions. The Commission also considered whether the application was made in good faith and whether there were any other factors that should be taken into account. The Commission had to balance the rights of the employer to manage their business with the rights of the employees to fair and reasonable work conditions.

The Fair Work Commission found that the application was procedurally valid and that the proposed changes were consistent with the principles of the Fair Work Act. The Commission also found that the changes would not have a significant impact on the employees' conditions and that the application was made in good faith. The Commission took into account the need for flexibility in the workplace, particularly in the context of the COVID-19 pandemic, and the potential benefits of remote work arrangements for both the employer and employees. The Commission varied the enterprise agreement to include the proposed clause, allowing for remote work arrangements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established