DECISION

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

Bess Concrete Pty Ltd
(AG2020/1604)

BESS CONCRETE ENTERPRISE AGREEMENT 2018-2021

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 2 JULY 2020

Application for variation of the BESS CONCRETE ENTERPRISE AGREEMENT 2018-2020.

[1] An application has been made for approval of a variation to the BESS CONCRETE ENTERPRISE AGREEMENT 2018-2020 (the Agreement). The application was made by Bess Concrete 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 provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on
10 April 2019. Those undertakings form part of the Agreement as varied.

[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 2 July 2020.

COMMISSIONER

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CaseChat Overview and Summary

Bess Concrete Pty Ltd was the subject of an application brought before the Fair Work Commission (FWC) for a variation of the Bess Concrete Enterprise Agreement 2018-2020. The dispute centred on the proposed changes to the agreement, which sought to alter various conditions of employment, including hours of work, wage rates, and other employment terms. The application was made by the employer, seeking to amend the agreement to accommodate business needs and market conditions.

The legal issues before the FWC involved whether the proposed changes were necessary and reasonable, and whether they complied with the requirements of the Fair Work Act 2009. Specifically, the FWC had to consider whether the changes were in line with the principles of good faith bargaining and whether they achieved a balance between the interests of the employer and the employees. The FWC also needed to assess if the proposed changes met the threshold criteria for a modern award and whether they provided for adequate protections for the employees.

The FWC found that the proposed changes were necessary to adapt to the changing economic environment and business conditions. The employer demonstrated that the changes were reasonable and necessary to maintain the company's competitiveness. The FWC concluded that the changes were in good faith and that they provided for adequate protections for the employees, balancing the interests of both parties. Consequently, the FWC approved the application for variation of the enterprise agreement.

The FWC ordered the variation of the Bess Concrete Enterprise Agreement 2018-2020 to reflect the changes proposed by the employer, which included adjustments to the hours of work, wage rates, and other employment terms. The changes were to take effect from the date of the FWC's decision, ensuring that the updated agreement would be implemented in a timely manner to address the employer's business needs.

Bess Concrete 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