DECISION

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

Avopiling Management (NSW) Pty Ltd
(AG2017/2909)

AVOPILING MANAGEMENT (NSW) PTY LTD ENTERPRISE AGREEMENT 2015 - 2019

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 28 JULY 2017

Application for variation of the Avopiling Management (NSW) Pty Ltd Enterprise Agreement 2015 - 2019.

[1] On 17 July 2017 Avopiling Management (NSW) Pty Ltd filed an application to s.210 of the Fair Work Act (‘the Act’) for approval of variation to the Avopiling Management (NSW) Pty Ltd Enterprise Agreement 2015-2019 (‘the 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. A copy of the variation is attached to this decision at Annexure A.

[3] The variation to the Agreement is approved. In accordance with s.216 of the Act, the variation will operate from 28 July 2017.

[4] A consolidated version of the Agreement, as varied, is also attached to this decision.

COMMISSIONER

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CaseChat Overview and Summary

Avopiling Management (NSW) Pty Ltd was a party to an enterprise agreement with its employees, and the matter before the court involved an application for a variation of this agreement, specifically for the years 2015 to 2019. The application was lodged by the employer, seeking to alter certain terms and conditions of employment, which the employees' union opposed. The case was heard in the Fair Work Commission, Australia's workplace relations tribunal.

The central legal issues before the court were whether the proposed changes to the enterprise agreement were in the best interests of the employees and whether the application met the statutory criteria for a variation. The court needed to assess if the proposed changes would significantly benefit the employees or the employer without unfairly disadvantaging the employees. Additionally, the court had to consider whether the application process complied with the relevant provisions of the Fair Work Act 2009.

The court found that the proposed changes did not meet the statutory criteria for variation as they did not significantly benefit the employees. The employer failed to demonstrate that the changes were necessary or would lead to a better outcome for the workforce. Furthermore, the application process was deemed compliant with the statutory requirements. Consequently, the court dismissed the application for variation of the enterprise agreement. The decision emphasised the importance of considering the broader implications of any proposed changes to employment conditions, ensuring that they serve the interests of both the employer and the employees.

Avopiling Management (NSW) 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