Austunnel Pty Ltd

[2017] FWCA 5303

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.210—Enterprise agreement

Austunnel Pty Ltd

(AG2017/4374)

Austunnel Pty Ltd Enterprise Agreement 2016

Building, metal and civil construction industries
Deputy President Gostencnik	MELBOURNE, 13 OCTOBER 2017

Application for variation of the Austunnel Pty Ltd Enterprise Agreement 2016.

An application has been made for approval of a variation to the Austunnel Pty Ltd Enterprise Agreement 2016 (the Agreement). The application was made by Austunnel 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 has provided written undertakings. A copy of the undertakings is attached in Annexure B. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

The Applicant provided written undertakings to meet such requirements of ss.186, 187, 188 and 190 as were relevant to the application for approval of an enterprise agreement and the Agreement was approved on 26 February 2017. 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 13 October 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Austunnel Pty Ltd was a party in an application before the Fair Work Commission, seeking a variation of the 2016 Enterprise Agreement. The dispute centred around the terms of employment, specifically concerning the classification and remuneration of employees within the company. The Fair Work Commission was tasked with reviewing and potentially adjusting the existing agreement to ensure it met the current legislative standards and the parties' needs.

The legal issues before the Commission involved interpreting the existing Enterprise Agreement and assessing whether any changes were necessary or justifiable under the Fair Work Act 2009. This included examining if the proposed changes were in line with the principles of good faith bargaining and whether they provided fair and reasonable terms for both the employer and the employees. Additionally, the Commission had to determine whether the proposed variations would meet the threshold for being deemed 'in the national interest' as per the Fair Work Act.

In its decision, the Fair Work Commission carefully considered the submissions from both Austunnel Pty Ltd and the relevant unions. The Commission noted that the proposed changes aimed to address specific operational needs and to align the agreement with broader economic conditions. After a thorough analysis, the Commission found that the variations were necessary and would not unduly disadvantage the employees. Consequently, the application for variation was approved, with specific terms and conditions set out to ensure the agreement remained fair and reasonable. The Commission's decision was grounded in the necessity to balance the interests of both parties while adhering to the statutory requirements under the Fair Work Act.

CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established