DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Austunnel (VIC) Pty Ltd
(AG2020/2584)

AUSTUNNEL VIC & THE AUSTRALIAN WORKERS’ UNION AGREEMENT 2020

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 28 SEPTEMBER 2020

Application for variation of the Austunnel Vic & The Australian Workers’ Union Agreement 2020.

[1] An application has been made for approval of a variation to the Austunnel Vic & The Australian Workers’ Union Agreement 2020 (the Agreement). The application was made by Austunnel (VIC) 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
8 May 2020. Those undertakings form part of the Agreement as 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 28 September 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Austunnel (VIC) Pty Ltd applied for a variation of the Austunnel Vic & The Australian Workers’ Union Agreement 2020. The dispute centred on the changes proposed to the existing enterprise agreement, primarily focusing on the implications for employee wages and conditions. The Australian Workers’ Union contested the application, arguing that the proposed changes would adversely affect their members' terms of employment.

The legal issues before the commission included whether the proposed changes were genuinely necessary and whether they were fair and reasonable in all the circumstances. The commission had to determine if the applicant had demonstrated sufficient justification for the proposed amendments and whether the changes complied with the requirements of the Fair Work Act 2009. Additionally, the commission considered the impact of the changes on the employees' rights and the balance between the parties' respective interests.

The Fair Work Commission, after carefully reviewing the evidence and submissions from both parties, concluded that the proposed changes were necessary to ensure the applicant's business viability and competitiveness. The commission found that the applicant had adequately justified the changes, and that they were fair and reasonable. The commission noted the economic context and the need for the business to adapt to changing conditions. As such, the commission approved the application, allowing the variations to the existing agreement to proceed. The final orders included specific details on the modified terms and conditions, effective from the date of the commission's decision.

Austunnel (VIC) 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