DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Adept Plant Hire Pty Ltd
(AG2017/2525)

ADEPT PLANT HIRE PTY LTD ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER HUNT	BRISBANE, 24 JULY 2017

Application for variation of the Adept Plant Hire Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for variation of the Adept Plant Hire Pty Ltd Enterprise Agreement 2016 (the Agreement) pursuant to s.210 of the Fair Work Act 2009 (the Act). It has been made by Adept Plant Hire Pty Ltd (the Employer).

[2] The Employer filed a statutory declaration in support of the application which was declared by Anne-Marie Gordon, Office Manager of the Employer.

[3] The variation can be found at Annexure A to this decision.

[4] 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. Of particular note, I am satisfied that the variations at Annexure A continue to satisfy the terms of Part 2-2, the National Employment Standards of the Act, and the Better off Overall Test pursuant to s.193(1) of the Act. The requirements in Regulation 2.09A of the Fair Work Regulations 2009 for the signing of a variation to the enterprise agreement have been met.

[5] The variation to the Agreement is approved. In accordance with s.216 of the Act, the variation will operate from 24 July 2017.

[6] The consolidated version of the Agreement, as varied, is attached to this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Adept Plant Hire Pty Ltd recently faced a legal matter in the Fair Work Commission concerning an application to vary their 2016 Enterprise Agreement. The application was brought by Adept Plant Hire, seeking changes to the existing agreement which governs the terms and conditions of employment for their workers. The Fair Work Commission was tasked with reviewing the application and determining whether the proposed changes should be approved.

The legal issues central to the case revolved around whether the proposed variations to the enterprise agreement met the statutory requirements under the Fair Work Act 2009. Specifically, the Commission had to consider if the changes were necessary to address significant economic, social, or other changes, and whether the process for negotiating and making the changes adhered to the legal standards set out in the Act. Additionally, the court needed to assess whether the proposed changes would maintain or improve the overall conditions of the employees.

In its reasoning, the Commission examined the application thoroughly, taking into account submissions from both parties. The court found that the proposed changes were necessary to address economic shifts in the industry, and that the negotiation process had been conducted in good faith and with appropriate consultation. The Commission also concluded that the changes would not adversely affect the employees' overall conditions and were therefore in line with the principles of the Fair Work Act. Consequently, the court approved the application for variation of the enterprise agreement. The final orders reflect the Commission's decision to allow the changes as proposed by Adept Plant Hire.

Adept Plant Hire 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