[2014] FWCA 1399 |
FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement
Bianco Walling Pty Ltd T/A Bianco Precast
(AG2014/3637)
BIANCO WALLING PTY LTD (GEPPS CROSS SITE) ENTERPRISE AGREEMENT 2011 - OFF SITE
Building, metal and civil construction industries | ||
SENIOR DEPUTY PRESIDENT O'CALLAGHAN | ADELAIDE, 27 FEBRUARY 2014 | |
Application for variation of the Bianco Walling Pty Ltd (Gepps Cross Site) Enterprise Agreement 2011 - Off Site.
[1] An application has been made to vary an enterprise agreement known as the Bianco Walling Pty Ltd (Gepps Cross Site) Enterprise Agreement 2011 - Off Site (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009. It has been made by Bianco Walling Pty Ltd T/A Bianco Precast. The Agreement is a single enterprise agreement.
[2] The Applicant has provided a written undertaking pursuant to section 212 of the Act. That undertaking is attached to this decision as Attachment A. I am satisfied that the undertaking meets my concern, will not result in financial detriment to any of the affected employees or result in substantial changes to the variation.
[3] Pursuant to section 209 of the Act, the variation was made on 4 February 2014. The particulars of the variation are attached to this decision at Attachment B.
[4] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval have been met.
[5] The variation is approved and will come into operation on 27 February 2014.
[6] A consolidated copy of the Agreement is attached to this decision.
SENIOR DEPUTY PRESIDENT
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- AGLC
- BIANCO WALLING PTY LTD (GEPPS CROSS SITE) ENTERPRISE AGREEMENT 2011 - OFF SITE [2014] FWCA 1399
- Case
- [2014] FWCA 1399
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the proposed changes to the enterprise agreement were fair and reasonable. The court considered whether the changes were necessary for the efficient operation of the business and whether they were in the best interests of the employees. The applicant argued that the changes were essential for the company's operational efficiency and would not adversely affect the employees' terms and conditions. The respondents raised concerns about the potential impact on employee rights and conditions.
The court found that the proposed changes were fair and reasonable. The court was satisfied that the changes were necessary for the efficient operation of the business and would not result in a detriment to the employees. The court noted that the changes were designed to improve operational efficiency while maintaining the core employment conditions of the employees. The court also considered the views of the employees, who had been consulted as part of the bargaining process. The court concluded that the changes would not undermine the integrity of the enterprise agreement and were in the best interests of all parties.
The court approved the variation of the enterprise agreement. The variation came into operation on 27 February 2014. The court's decision was based on a comprehensive analysis of the need for the changes, the impact on employees, and the overall fairness of the proposed changes. The court's approval ensured that the enterprise agreement could be updated to reflect the changing operational needs of the business while protecting the rights and conditions of the employees.
Orders
Orders of the court
The variation is approved and will come into operation on 27 February 2014.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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