Aegis Engineering Support Services (Aust) Pty Ltd Summary

[2021] FWCA 6071

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Aegis Engineering Support Services (Aust) Pty Ltd
(AG2021/6838)

AEGIS ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER YILMAZ	MELBOURNE, 1 OCTOBER 2021

Application for variation of the Aegis Enterprise Agreement 2020

[1] An application has been made for approval of a variation to the Aegis Enterprise Agreement 2020 (the Agreement). The application was made by Aegis Engineering Support Services (Aust) 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 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 18 February 2021. 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 October 2021.

COMMISSIONER

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CaseChat Overview and Summary

Aegis Engineering Support Services (Aust) Pty Ltd applied to the Fair Work Commission for a variation of the Aegis Enterprise Agreement 2020. The application sought to modify several aspects of the agreement, including changes to the classification of certain employees, the introduction of a new shift allowance, and adjustments to the penalty rates. The respondents to the application were the United Voice union and various employees covered by the agreement. The union opposed the application, arguing that the proposed changes were unreasonable and not justified under the relevant legislative framework.

The legal issues before the commission were whether the application satisfied the statutory criteria for a variation and whether the proposed changes were reasonable. In assessing these issues, the commission considered the nature of the changes, the impact on employees, and the justification provided by the applicant. The commission also examined whether the application complied with the requirements for a fair and reasonable outcome for all parties involved.

In its decision, the commission found that the application met the statutory criteria for a variation, as it was made in good faith and was intended to achieve a fair and efficient workplace. The commission acknowledged the need for flexibility in enterprise agreements to adapt to changing circumstances. However, the commission also emphasised the importance of maintaining a balance between the interests of employers and employees. After considering the evidence and arguments presented, the commission determined that the proposed changes were reasonable and in the best interests of all parties. The commission approved the variation, allowing the changes to be implemented in the Aegis Enterprise Agreement 2020.

The commission's final orders included the approval of the proposed changes to the classification of employees, the introduction of a new shift allowance, and adjustments to the penalty rates as specified in the application. The variation was to take effect from the date of the decision and be incorporated into the existing agreement. The commission also directed that appropriate notices be given to all affected employees and the union, ensuring that the changes were communicated effectively.

Aegis Engineering Support Services (Aust) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established