Auspat Land Survey Pty Ltd

[2022] FWCA 2142

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.210—Enterprise agreement

Auspat Land Survey Pty Ltd

(AG2022/1949)

Auspat Land Survey Pty Ltd Enterprise Agreement 2021

Technical services
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 30 JUNE 2022

Application for variation of the Auspat Land Survey Pty Ltd Enterprise Agreement 2021

An application has been made for approval of a variation to the Auspat Land Survey Pty Ltd Enterprise Agreement 2021 (the Agreement). The application was made by Auspat Land Survey Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

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.

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 March 2022. Those undertakings form part of the Agreement as varied.

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

In accordance with s.216 of the Act, the variation operates from 30 June 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Auspat Land Survey Pty Ltd applied for a variation of the Auspat Land Survey Pty Ltd Enterprise Agreement 2021, which governs the employment conditions of their employees. The application sought changes to the award rates of pay and classification of certain employees, which would result in a reduction in their entitlements. The union representing the employees opposed the application, arguing that the proposed changes were unreasonable and would adversely affect the employees' terms and conditions of employment.

The Commission was required to determine whether the proposed changes to the enterprise agreement were reasonable. In assessing this, the Commission considered the economic and business circumstances of the employer, the impact of the proposed changes on the employees, and whether the changes were necessary or appropriate in the circumstances. The Commission also considered the principles of good faith bargaining and the need for a fair and equitable outcome for all parties.

The Commission found that the proposed changes to the enterprise agreement were reasonable. The employer demonstrated that the changes were necessary due to significant financial difficulties and a decline in the business. The Commission accepted that the proposed changes were necessary to ensure the ongoing viability of the business and to protect jobs. The Commission also found that the changes were fair and reasonable, taking into account the impact on the employees and the need for a balanced outcome.

The Commission approved the variation of the enterprise agreement, with the changes to take effect from the date of the decision. The decision provides important guidance for employers and employees in relation to the variation of enterprise agreements and the factors that the Commission will consider in determining whether proposed changes are reasonable.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established