DECISION

Fair Work Act 2009
s.210—Enterprise agreement

ATF Project Hire Unit Trust
(AG2021/340)

PROJECT HIRE PTY LTD ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 22 MARCH 2021

Application for variation of the Project Hire Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of a variation to the Project Hire Pty Ltd Enterprise Agreement 2019 (the Agreement). The application was made by ATF Project Hire Unit Trust 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.212 and 213 had not been met in relation to the application for approval of a previous variation. The undertakings were accepted and the varied Agreement was approved on 19 September 2019. Those undertakings form part of the Agreement as further varied.

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

[6] In accordance with s.216 of the Act, the variation operates from 22 March 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, ATF Project Hire Unit Trust, applied to the Fair Work Commission for a variation of the Project Hire Pty Ltd Enterprise Agreement 2019. The dispute involved changes to the agreement, which governed the employment conditions of Project Hire Pty Ltd employees. The Commission was tasked with determining whether the proposed variations were appropriate and in line with the statutory framework.

The legal issues centred on the interpretation and application of the Fair Work Act 2009, specifically sections concerning the process for varying an enterprise agreement. The applicant argued that the changes were necessary to address operational challenges and were in the best interests of the business. The respondent, the employees' representative, contended that the proposed changes would negatively impact employee conditions and were not justified.

The Commission examined the evidence presented by both parties, including submissions on the impact of the proposed changes on employees and the business. The Commission considered whether the changes met the statutory criteria for variation, including whether they were in the best interests of the employees and whether there was genuine agreement or, in the absence of such agreement, whether the changes were in the interests of the employer and employees. The Commission concluded that the applicant had not demonstrated that the changes were in the best interests of the employees or met the statutory criteria for variation. Therefore, the application was dismissed.

The Fair Work Commission dismissed the application for variation of the Project Hire Pty Ltd Enterprise Agreement 2019. The decision underscored the importance of meeting the statutory criteria for varying an enterprise agreement, including demonstrating that the changes are in the best interests of the employees. The Commission's decision emphasised the need for careful consideration and robust evidence when seeking to alter existing employment conditions.

ATF Project Hire Unit Trust

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established