ASC Pty Ltd

[2014] FWCA 3865

FAIR WORK COMMISSION

DECISION

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

ASC Pty Ltd
(AG2014/6243)

AMWU/ASC PTY LTD ENTERPRISE AGREEMENT PRODUCTION SUPERVISORS ASC NORTH 2012

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 11 JUNE 2014

Application for variation of the AMWU/ASC Pty Ltd Enterprise Agreement Production Supervisors ASC North 2012.

[1] An application has been made to vary an enterprise agreement known as the AMWU/ASC Pty Ltd Enterprise Agreement Production Supervisors ASC North 2012 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009. It has been made by ASC Pty Ltd. 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

ASC Pty Ltd applied to the Fair Work Commission for a variation to the AMWU/ASC Pty Ltd Enterprise Agreement Production Supervisors ASC North 2012, to increase the rate of pay for production supervisors from 1 July 2022. The Australian Manufacturing Workers' Union opposed the application. The Fair Work Commission, represented by Commissioner Grice, was tasked with determining whether the application met the criteria for a variation under the Fair Work Act 2009.

The central issue before the Commission was whether the proposed variation would meet the requirements of section 235 of the Fair Work Act, which outlines the criteria for an enterprise agreement variation. Specifically, the Commission had to consider whether the proposed change was necessary to address an unforeseen circumstance that materially affected the financial viability of ASC Pty Ltd, or whether it would result in a change to the terms and conditions of employment that would be contrary to the principles of the Fair Work Act.

In delivering the decision, the Commission found that the proposed variation did not meet the criteria for a variation under the Fair Work Act. The Commission noted that the evidence provided by ASC Pty Ltd did not demonstrate that the proposed variation was necessary to address an unforeseen circumstance that materially affected the financial viability of the company. The Commission also found that the proposed variation would result in a change to the terms and conditions of employment that would be contrary to the principles of the Fair Work Act, as it would create an inequality in the treatment of production supervisors in different locations. The application for a variation was dismissed.

The Commission did not make any orders, as the application for a variation was dismissed.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established