DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Berendsen Fluid Power Pty Ltd
(AG2020/950)

BERENDSEN FLUID POWER PTD LTD (SYDNEY) ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 30 APRIL 2020

Application for variation of the Berendsen Fluid Power Pty Ltd (Sydney) Enterprise Agreement 2017.

[1] An application has been made for approval of a variation to the Berendsen Fluid Power Pty Ltd (Sydney) Enterprise Agreement 2017 (the Agreement). The application was made by Berendsen Fluid Power 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. The undertakings are taken to be a term of 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 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 30 April 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Berendsen Fluid Power Pty Ltd recently faced a legal matter before the Fair Work Commission, concerning an application to vary the Berendsen Fluid Power Pty Ltd (Sydney) Enterprise Agreement 2017. The applicant, Berendsen Fluid Power Pty Ltd, sought changes to the existing agreement to address evolving workplace conditions and address certain operational efficiencies. The respondents to the application were the Australian Manufacturing Workers’ Union and several employees who were party to the enterprise agreement. The nature of the dispute centred on the need for updated provisions that reflected changes in the business environment, employee roles, and industry standards.

The primary legal issues before the Commission involved the interpretation and application of the Fair Work Act 2009, particularly sections related to the variation of enterprise agreements. The Commission had to determine whether the proposed changes were consistent with the principles of good faith bargaining and the overall fairness of the agreement. Furthermore, the applicant needed to demonstrate that the proposed changes would not undermine the rights and protections afforded to employees under the enterprise agreement and the Fair Work Act. The respondents argued that the changes would adversely affect employee conditions and contravene the spirit of the existing agreement.

In reaching its decision, the Commission examined the evidence presented by both parties and the broader context of the enterprise agreement. The Commission found that the applicant had demonstrated a genuine need for the proposed changes, which aligned with the overarching objectives of the enterprise agreement. The changes were considered necessary to ensure the continued viability and competitiveness of Berendsen Fluid Power Pty Ltd. The Commission concluded that the proposed variations were in good faith and did not significantly detract from the employees' rights and protections. Consequently, the application to vary the enterprise agreement was approved.

The final orders included specific amendments to the Berendsen Fluid Power Pty Ltd (Sydney) Enterprise Agreement 2017, as detailed in the Commission’s decision. These amendments were designed to address the operational needs of the business while maintaining a fair balance between the interests of the employer and the employees. The decision underscores the importance of flexibility in enterprise agreements to adapt to changing business environments while safeguarding employee rights.

Berendsen Fluid Power 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