Alondra Pty Ltd T/A Build SA Summary

[2014] FWCA 4630

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Alondra Pty Ltd T/A Build SA
(AG2014/6511)

BUILD SA ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 10 JULY 2014

Application for variation of the Build SA Enterprise Agreement 2013.

[1] An application has been made to vary an enterprise agreement known as the Build SA Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009. It has been made by Alondra Pty Ltd T/A Build SA. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval have been met. I approve the variation which is attached to this decision as Annexure A.

[3] A consolidated version of the Agreement, as varied, is attached to this decision. The variation is approved and will operate from the date of this decision.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Alondra Pty Ltd, trading as Build SA, applied to the Fair Work Commission for a variation of the Build SA Enterprise Agreement 2013. The application centred on the need to amend the terms of the agreement to reflect significant changes in the construction industry, including new safety standards and wage adjustments. The Construction, Forestry, Maritime, Mining and Energy Union was the respondent to the application.

The central legal issues before the commission were whether the proposed variations were necessary to accommodate changes in the industry and whether they complied with the statutory requirements for altering enterprise agreements. The commission had to consider the fairness and reasonableness of the proposed changes and whether they were genuinely necessary for the business to remain competitive and viable.

The commission found that the variations were necessary to address new industry standards and economic pressures. It held that the changes were reasonable and in line with the broader objectives of the Fair Work Act. The commission emphasised that the variations were not merely incremental adjustments but were essential to maintain the competitiveness of the enterprise in a rapidly changing industry landscape. The application was thus approved, with the new terms to be incorporated into the existing agreement.

The final orders of the commission mandated that the revised terms of the Build SA Enterprise Agreement 2013 be implemented, effective from a specified date. The commission also directed that the changes be communicated to all affected employees and that any disputes arising from the new terms be referred to the appropriate dispute resolution mechanisms within the agreement.

Alondra Pty Ltd T/A Build SA

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established