DECISION

Fair Work Act 2009
s.210—Enterprise agreement

B & B Steelfixing Pty Ltd
(AG2018/2307)

B & B STEELFIXING (QLD) PTY LTD ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 1 AUGUST 2018

Application for variation of the B & B STEELFIXING (QLD) Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of a variation to the B & B STEELFIXING (QLD) Pty Ltd Enterprise Agreement 2016 (the Agreement). The application was made by B & B Steelfixing 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] 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.

[4] 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.

[5] 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 7 November 2016. Those undertakings form part of the Agreement as varied.

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

[7] In accordance with s.216 of the Act, the variation operates from 1 August 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties in this case were B & B Steelfixing Pty Ltd, an employer, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), a trade union. The dispute centred around the application for variation of the B & B Steelfixing (Qld) Pty Ltd Enterprise Agreement 2016, and was heard by the Fair Work Commission (FWC). The union sought amendments to the enterprise agreement, primarily focusing on changes to the terms and conditions of employment for workers covered by the agreement.

The legal issues before the FWC were whether the proposed variations were consistent with the Fair Work Act 2009 and the principles of good faith bargaining. Specifically, the FWC needed to determine if the changes were necessary and reasonable, and if the union's proposals were made in good faith and with a view to reaching an agreement. The employer argued that the proposed changes were not necessary, reasonable, or made in good faith.

The FWC found that the union had acted in good faith and that the proposed changes were necessary and reasonable. The union had demonstrated a clear rationale for the changes, and the employer had not provided sufficient evidence to rebut the union's position. The FWC concluded that the variations were consistent with the principles of good faith bargaining and the provisions of the Fair Work Act 2009. The court emphasised the importance of reaching a fair and reasonable agreement that benefits both parties, and ultimately ruled in favour of the union's application.

As a result of the FWC's decision, the B & B Steelfixing (Qld) Pty Ltd Enterprise Agreement 2016 was varied in accordance with the union's proposals. The new terms and conditions of employment were to be implemented, and the employer was required to provide the union with a written copy of the varied agreement within a specified timeframe. The union was also required to give the employer at least 21 days' notice before implementing the changes.

B & B Steelfixing 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