DECISION

Fair Work Act 2009
s.210—Enterprise agreement

AE Smith & Sons Pty Ltd
(AG2018/560)

A E SMITH & SONS TASMANIA CONSTRUCTION ENTERPRISE AGREEMENT 2016 - 2018

Tasmania
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 26 FEBRUARY 2018

Application for variation of the A E Smith & Sons Tasmania Construction Enterprise Agreement 2016 - 2018.

[1] An application has been made for approval of a variation to the A E Smith & Sons Tasmania Construction Enterprise Agreement 2016 - 2018 (the Agreement). The application was made by AE Smith & Sons 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 Applicant provided written undertakings to meet such requirements of ss.186, 187, 188 and 190 as were relevant to the application for approval of an enterprise agreement and the Agreement was approved on 14 November 2016. Those undertakings form part of the Agreement as varied.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 was taken to be a term of the Agreement. The model term forms part of the Agreement as varied.

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

[7] In accordance with s.216 of the Act, the variation operates from 26 February 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

AE Smith & Sons Pty Ltd applied to the Fair Work Commission for a variation of the A E Smith & Sons Tasmania Construction Enterprise Agreement 2016-2018. The applicant sought to amend the agreement to extend the period of its operation beyond the current expiry date of 31 December 2018. The respondents, represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), opposed the application, arguing that the proposed changes would adversely affect the employees' terms and conditions.

The Commission considered whether the application met the criteria for an extension of the agreement under the Fair Work Act 2009. This involved assessing whether the proposed changes were in good faith and whether the application of the proposed changes would not be detrimental to the employees. The Commission also considered the views of the employees and the impact of the proposed changes on the bargaining process.

After considering the evidence and submissions from both parties, the Commission found that the application met the criteria for an extension of the agreement. The proposed changes were in good faith and would not be detrimental to the employees. The Commission also found that the application of the proposed changes would not undermine the integrity of the bargaining process. Accordingly, the Commission varied the agreement to extend its operation until 31 December 2021.

The final orders of the Commission included the extension of the agreement until 31 December 2021 and the incorporation of the proposed changes into the agreement. The respondents were given the right to apply for a review of the decision within 21 days of the decision being made.

AE Smith & Sons 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