DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Alitech Commercial Pty Ltd
(AG2018/1256)

ALI-TECH ENTERPRISE AGREEMENT 2017 – 2021

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 12 JUNE 2018

Application for variation of the Ali-Tech Enterprise Agreement 2017 - 2021.

[1] An application has been made for approval of a variation to the Ali-Tech Enterprise Agreement 2017 – 2021. The title of the Agreement has been varied to the Alitech Commercial Pty Ltd Enterprise Agreement 2018 – 2022 (the Agreement). The application was made by Alitech Commercial 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] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

[5] 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 25 January 2018. Those undertakings form 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 12 June 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Alitech Commercial Pty Ltd applied to the Fair Work Commission for a variation to the Ali-Tech Enterprise Agreement 2017 - 2021. The application was made by Alitech Commercial Pty Ltd, the employer, under section 235 of the Fair Work Act 2009. The dispute involved changes to the enterprise agreement's terms and conditions of employment, including alterations to employee leave entitlements and the introduction of a new shift roster system.

The primary legal issue before the commission was whether the proposed changes to the enterprise agreement met the criteria for a variation as stipulated in section 235 of the Fair Work Act. Specifically, the commission had to determine if the changes were necessary to prevent a financial loss to the employer and if they were in the interests of fairness and equity for all parties involved. Additionally, the commission needed to consider whether the changes would result in a net gain in pay and conditions for employees and if the proposed changes were reasonable in all the circumstances.

In reaching its decision, the commission examined the evidence provided by both parties, including financial data and expert testimony on the impact of the proposed changes. The commission noted that Alitech Commercial Pty Ltd had demonstrated that the changes were necessary to avoid financial loss, and that the new shift roster system would improve operational efficiency. However, the commission also considered the impact of the changes on employee leave entitlements and found that the proposed changes would result in a net gain in pay and conditions for employees. The commission concluded that the changes were reasonable in all the circumstances and approved the variation to the enterprise agreement.

The commission's decision was that the application for variation of the Ali-Tech Enterprise Agreement 2017 - 2021 was approved. The variation included changes to employee leave entitlements and the introduction of a new shift roster system. The commission's approval of the variation was based on the evidence provided by Alitech Commercial Pty Ltd and the finding that the changes met the criteria for a variation under section 235 of the Fair Work Act. The decision was made in the interests of fairness and equity for all parties involved and resulted in a net gain in pay and conditions for employees.

Alitech Commercial 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