DECISION

Fair Work Act 2009
s.210—Enterprise agreement

BE Steel Fixing Pty Ltd
(AG2017/3666)

BE STEEL FIXING PTY LTD ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 13 OCTOBER 2017

Application for variation of the BE Steel Fixing Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of a variation to the BE Steel Fixing Pty Ltd Enterprise Agreement 2016 (the Agreement). The application was made by BE Steel Fixing 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 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.

[5] 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.

[6] 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 5 September 2016. Those undertakings form part of the Agreement as varied.

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

[8] 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

BE Steel Fixing Pty Ltd recently sought a variation to the 2016 Enterprise Agreement with the National Constructions Division of the Construction, Forestry, Maritime, Mining and Energy Union. The Fair Work Commission was tasked with considering the application. The applicant sought to change various provisions of the agreement, including wage rates and conditions for certain employees.

The legal issues before the Commission involved whether the proposed changes met the statutory requirements for a variation, including whether there was genuine agreement between the parties and whether the changes were in the best interests of the employees. The Commission also had to consider whether the changes were necessary to maintain the competitiveness of the applicant's business.

In its decision, the Commission found that the parties had reached a genuine agreement on the proposed changes. It considered the evidence presented by both parties, including the economic circumstances of the applicant and the impact of the changes on the employees. The Commission found that the changes were necessary to maintain the competitiveness of the business and were in the best interests of the employees. It accepted that the changes would not result in a detriment to the employees and would, in fact, provide them with improved conditions. The Commission ultimately approved the variation to the Enterprise Agreement.

The Fair Work Commission ordered that the 2016 Enterprise Agreement be varied as per the terms of the application. The changes included revised wage rates and conditions for certain employees, as well as other amendments to the agreement. The decision provides guidance on the factors that the Commission will consider when determining whether to approve a variation to an Enterprise Agreement.

BE Steel Fixing 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