DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Benmax Pty Ltd T/A Benmax
(AG2018/224)

BENMAX PTY LTD ENTERPRISE AGREEMENT 2016–2019

Plumbing industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 9 MARCH 2018

Application for variation of the Benmax Pty Ltd Enterprise Agreement 2016-2019.

[1] An application has been made for approval of a variation to the Benmax Pty Ltd Enterprise Agreement 2016-2019 (the Agreement). The application was made by Benmax Pty Ltd T/A Benmax 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 29 September 2016. The first variation was approved with undertakings on 4 August 2017. Those undertakings form part of the Agreement as varied.

[6] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 was taken to be a term of the Agreement. The model term forms 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 9 March 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves Benmax Pty Ltd, trading as Benmax, and the Fair Work Commission. The dispute centres on the application to vary the Benmax Pty Ltd Enterprise Agreement 2016-2019. The application was brought before the Fair Work Commission, Australia's industrial relations tribunal.

The legal issues at the heart of this matter revolve around the interpretation and application of the Fair Work Act 2009, specifically the provisions that govern the variation of enterprise agreements. The central contention was whether the proposed changes to the existing enterprise agreement met the criteria for approval under the Act, including the 'better off overall test' and the 'good faith' requirement.

The Commission carefully examined the application, assessing whether the proposed changes would indeed result in the employees being better off overall, taking into account both the financial and non-financial benefits. Additionally, the Commission considered whether the application was made in good faith and whether it complied with the procedural requirements outlined in the Act. After thorough deliberation, the Commission found that the application satisfied the necessary criteria and approved the proposed variations to the enterprise agreement.

The Commission's decision was grounded in a detailed analysis of the financial implications for employees, alongside an evaluation of the overall benefits and detriments. The Commission determined that the changes would indeed result in employees being better off overall and that the application was made in good faith. Consequently, the Fair Work Commission granted the application for variation of the Benmax Pty Ltd Enterprise Agreement 2016-2019.

Benmax Pty Ltd T/A Benmax

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established