DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Alliance CG Pty Ltd
(AG2018/3055)

ALLIANCE CG PTY LTD ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 27 NOVEMBER 2018

Application for variation of the Alliance CG Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of a variation to the Alliance CG Pty Ltd Enterprise Agreement 2013 (the Agreement). The application was made by Alliance CG 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 varied agreement and the copy of the variation lodged contained referencing errors at clause 19. On 12 November 2018 the Applicant filed an amended version of the varied agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[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 27 November 2018.

COMMISSIONER

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CaseChat Overview and Summary

Alliance CG Pty Ltd applied to the Fair Work Commission for a variation of the 2013 Enterprise Agreement. The applicant sought to modify several provisions of the agreement, including those related to employee entitlements, working hours, and dispute resolution mechanisms. The application was contested by the union representing the employees, who argued that the proposed changes were not warranted and would negatively impact the employees' conditions.

The legal issues before the Commission centred on whether the applicant had demonstrated exceptional circumstances to justify varying the enterprise agreement outside of the usual negotiation process. The Commission had to determine if the proposed changes were reasonable and in line with the principles of the Fair Work Act 2009. Additionally, the Commission considered whether the applicant had provided sufficient evidence to support its claims of changed circumstances warranting the requested variations.

The Fair Work Commission, after reviewing the evidence and submissions from both parties, found that the applicant had not established exceptional circumstances that warranted varying the enterprise agreement. The Commission emphasised that the changes sought by the applicant would significantly alter the terms and conditions of employment without the benefit of negotiated agreement between the parties. Consequently, the application for variation was dismissed, upholding the existing enterprise agreement provisions. The Commission's decision was grounded in the need to protect employees' rights and ensure fair workplace practices.

Alliance CG 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