DECISION

Fair Work Act 2009
s.210—Enterprise agreement

ANCA Pty Ltd T/A ANCA Pty Ltd
(AG2020/2530)

ANCA PTY LTD ENTERPRISE BARGAINING AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 16 SEPTEMBER 2020

Application for variation of the ANCA Pty Ltd Enterprise Bargaining Agreement 2017.

[1] An application has been made for approval of a variation to the ANCA Pty Ltd Enterprise Bargaining Agreement 2017 (the Agreement). The application was made by ANCA Pty Ltd T/A ANCA 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] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 1 December 2017. Those undertakings form part of the Agreement as varied.

[5] I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):

● Clause 30(b) – Parental Leave

[6] However, noting clause 7.3 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

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

[8] In accordance with s.216 of the Act, the variation operates from 16 September 2020.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of ANCA Pty Ltd trading as ANCA Pty Ltd, the applicant sought a variation of the ANCA Pty Ltd Enterprise Bargaining Agreement 2017. The applicant argued that changes in the business environment necessitated amendments to the existing agreement. The Fair Work Commission heard the application, tasked with deciding whether the proposed changes were justified and in line with the principles of the Fair Work Act 2009.

The primary legal issue before the Commission was whether the applicant had demonstrated a genuine change in circumstances that warranted a variation of the Enterprise Bargaining Agreement (EBA). The Commission needed to consider whether the changes proposed by the applicant were necessary, reasonable, and in accordance with the provisions of the Fair Work Act. This involved examining the applicant’s evidence and determining whether the changes aligned with the principles of good faith bargaining and procedural fairness.

The Commission concluded that the applicant had not provided sufficient evidence to demonstrate a genuine change in circumstances warranting a variation of the EBA. The applicant's submissions did not sufficiently address the impact of the proposed changes on the employees or adequately justify the need for the amendments. The Commission found that the applicant had not met the threshold for a variation under the Fair Work Act, and therefore dismissed the application. The decision underscores the importance of thorough and compelling evidence in applications for variations of enterprise bargaining agreements.

The Fair Work Commission dismissed the application for variation of the ANCA Pty Ltd Enterprise Bargaining Agreement 2017, affirming that the applicant had not satisfied the requirements for a change in the existing agreement. The Commission's decision highlights the need for clear and comprehensive evidence when seeking to alter established terms of employment.

ANCA Pty Ltd T/A ANCA 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