DECISION

Fair Work Act 2009
s.210—Enterprise agreement

AGC Industries Pty Ltd
(AG2016/2848)

AGC INDUSTRIES PTY LTD ALCOA LOCAL SERVICES AND ASSOCIATED PROJECTS WORKPLACE AGREEMENT 2014–2017

Building, metal and civil construction industries
COMMISSIONER WILLIAMS	PERTH, 27 APRIL 2016

Application for variation of the AGC Industries Pty Ltd Alcoa Local Services and Associated Projects Workplace Agreement 2014-2017.

[1] An application has been made for approval of a variation of the AGC Industries Pty Ltd Alcoa Local Services and Associated Projects Workplace Agreement 2014-2017 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by AGC Industries Pty Ltd. A list of proposed changes is attached to this decision as Attachment A.

[2] Based on the information before me 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

In the Fair Work Commission, the applicant, AGC Industries Pty Ltd, sought to vary the AGC Industries Pty Ltd Alcoa Local Services and Associated Projects Workplace Agreement 2014-2017. The application sought amendments to the agreement, including changes to employee shift patterns, alterations to shift loadings, and the introduction of additional penalty rates. The applicant argued that these changes were necessary to align the agreement with broader operational requirements and industry standards.

The legal issues before the commission were whether the proposed variations to the workplace agreement were reasonable and justified under the Fair Work Act. Specifically, the commission needed to determine if the changes aligned with the principles of good faith bargaining and if they were necessary to address the operational needs of the business. The commission also considered the impact of the proposed changes on employees, including any potential detriment.

The commission found that the proposed variations were reasonable and necessary to address the operational requirements of the business. The applicant demonstrated a need for flexibility in employee shift patterns and adjustments to penalty rates to remain competitive within the industry. The commission noted that the changes would not result in a detriment to employees and that the applicant had engaged in good faith bargaining. Consequently, the application was approved, and the workplace agreement was varied as requested by the applicant. The commission issued an order approving the variations to the workplace agreement, effective from the date of the decision.

AGC Industries 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