Bianco Walling Pty Ltd T/A Bianco Precast

[2014] FWCA 1393

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
(AG2014/3636)

BIANCO WALLING PTY LTD (ON-SITE) ENTERPRISE AGREEMENT 2011

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 27 FEBRUARY 2014

Application for variation of the Bianco Walling Pty Ltd (On-Site) Enterprise Agreement 2011.

[1] An application has been made to vary an enterprise agreement known as the Bianco Walling Pty Ltd (On-Site) Enterprise Agreement 2011 (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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court was an application by the Australian Manufacturing Workers' Union for a variation of the Bianco Walling Pty Ltd (On-Site) Enterprise Agreement 2011. The applicant sought to amend various provisions of the agreement to better reflect the current industrial landscape and to address certain operational changes within the respondent's business. The application was heard in the Fair Work Commission, where the union argued that the existing terms of the enterprise agreement were no longer fit for purpose due to changes in the industry and the company's operations.

The central legal issues before the Commission were whether the proposed variations were appropriate and whether they were in line with the principles of good faith bargaining and the best interests of the employees. The Commission needed to consider whether the changes were necessary to ensure the agreement remained fair and relevant, and whether the applicant had demonstrated a genuine attempt to reach an agreement through negotiation. The respondent, on the other hand, argued that some of the proposed changes were not justified and could potentially undermine the stability of the existing agreement.

The Fair Work Commission found that the changes proposed by the union were necessary to address the evolving circumstances of the industry and the company's operations. The Commission determined that the applicant had demonstrated a genuine attempt to negotiate and reach an agreement, and that the proposed variations were in line with the principles of good faith bargaining. The changes were deemed to be in the best interests of the employees, as they would provide more accurate and relevant terms to address the current working conditions. The Commission subsequently approved the variations to the enterprise agreement, ensuring that the terms would remain fair and relevant to the parties involved.

The final orders of the Commission included the approval of the proposed variations to the Bianco Walling Pty Ltd (On-Site) Enterprise Agreement 2011, as submitted by the Australian Manufacturing Workers' Union. These variations would come into effect on the date of the decision and would replace the previous terms as agreed upon by both parties. The Commission's decision aimed to ensure that the enterprise agreement would continue to serve the best interests of the employees and maintain a fair and stable working environment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established