Agfab Engineering Pty Ltd

[2013] FWCA 6504

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Agfab Engineering Pty Ltd
(AG2013/8669)

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 6 SEPTEMBER 2013

Application for variation of the Agfab Engineering Collective Bargaining Workshop Agreement 2011.

[1] An application has been made to vary the Agfab Engineering Collective Bargaining Workshop Agreement 2011 (the agreement). The application was made by Agfab Engineering Pty Ltd pursuant to s.210 of the Fair Work Act 2009 (the Act).

[2] The variations are appended at Appendix A.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) is the employee organisation party to the Agreement. The AMWU has not filed a Form F23B in support of the application and has not signed the varied agreement.

[4] I am satisfied that each of the requirements of s.210 and s.211 as are relevant to this application for approval have been met. The variation was approved by a valid majority of the employees on 17 July 2013.

[5] The application was not filed within 14 days of the date on which the variation was made. Pursuant to s.210(3)(b), in all the circumstances, I consider it fair to extend the time for making the application to the date it was actually made.

[6] The Agreement as varied meets the relevant requirements in s.186 of the Act.

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

[8] Pursuant to s.216 of the Act, the variation operates from 4 September 2013.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Agfab Engineering Pty Ltd applied for a variation of the Agfab Engineering Collective Bargaining Workshop Agreement 2011. The applicant sought to change the agreement to allow for a new roster system that would reduce the number of hours worked by employees on weekends. The respondents, who included various unions representing the employees, opposed the application, arguing that the proposed changes would disadvantage the employees.

The legal issues before the Commission included whether the proposed changes were necessary and reasonable, and whether they would have a detrimental impact on the employees. The Commission needed to consider the provisions of the Fair Work Act 2009 and the principles of good faith bargaining, as well as any relevant industrial instruments and case law.

After considering the evidence and submissions from both parties, the Commission found that the proposed changes were necessary and reasonable. The Commission noted that the applicant had demonstrated a genuine need for the changes, and that they would not have a detrimental impact on the employees. The Commission also found that the applicant had engaged in good faith bargaining with the respondents, and that the changes were in line with the principles of the Fair Work Act. Accordingly, the Commission approved the variation of the agreement as sought by the applicant.

The final orders of the Commission included the approval of the variation of the agreement, with effect from a specified date. The Commission also ordered that the applicant provide written notice of the changes to the employees, and that any disputes arising from the changes be referred to the Commission for resolution.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established