DECISION

Fair Work Act 2009
s.210—Enterprise agreement

AGC Industries Pty Ltd T/A AGC
(AG2016/3603)

AGC INDUSTRIES PTY LTD KWINANA FABRICATION FACILITY (AMWU) AGREEMENT 2014-2017

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT O’CALLAGHAN	ADELAIDE, 4 JULY 2016

Application for variation of the AGC Industries Pty Ltd Kwinana Fabrication Facility (AMWU) Agreement 2014-2017.

[1] An application has been made for the approval of a variation of the AGC Industries Pty Ltd Kwinana Fabrication Facility (AMWU) 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 T/A AGC. A list of proposed changes is attached to this decision as Attachment A.

[2] 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.

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 trading as AGC, sought to vary the AGC Industries Pty Ltd Kwinana Fabrication Facility (AMWU) Agreement 2014-2017, seeking changes to various provisions of the agreement. The Australian Manufacturing Workers' Union (AMWU) opposed the application.

The applicant sought to amend the agreement to reduce the number of employees covered by the agreement and to change certain provisions related to rosters and shift patterns, including the abolition of a "break in work" clause. The AMWU argued that the proposed changes would negatively impact the working conditions and entitlements of the employees, and that the applicant had not demonstrated a genuine change in circumstances that warranted the requested variations.

The Commission found that the applicant had not demonstrated a genuine change in circumstances that would warrant the proposed variations to the agreement. The Commission also found that the proposed changes would result in a detriment to the employees' working conditions and entitlements, and that the applicant had not demonstrated that the changes were necessary or reasonable in all the circumstances. The Commission rejected the application in its entirety.

The Commission made no orders for costs. The applicant was required to continue to observe the terms of the existing agreement until a new agreement was made.

AGC Industries Pty Ltd T/A AGC

DECISION

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Background to the litigation

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Legal Principle Established