Bianco Walling Pty Ltd Summary

[2017] FWCA 4985

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.210—Enterprise agreement

Bianco Walling Pty Ltd

(AG2017/4221)

Bianco Walling Pty Ltd (Gepps Cross Site) Enterprise Agreement 2016 - Off Site

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 25 SEPTEMBER 2017

Application for variation of the Bianco Walling Pty Ltd (Gepps Cross Site) Enterprise Agreement 2016 - Off Site.

An application has been made for approval of a variation to the Bianco Walling Pty Ltd (Gepps Cross Site) Enterprise Agreement 2016 - Off Site (the Agreement). The application was made by Bianco Walling Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

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.

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 31 October 2016. Those undertakings form part of the Agreement as varied.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 was taken to be a term of the Agreement approved on 31 October 2016. The model term forms part of the Agreement as varied.

The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

In accordance with s.216 of the Act, the variation operates from 25 September 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case involved Bianco Walling Pty Ltd, an employer, and its employees, who were members of the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred on a proposed variation of the existing enterprise agreement, specifically the Bianco Walling Pty Ltd (Gepps Cross Site) Enterprise Agreement 2016 - Off Site. The matter was heard in the Fair Work Commission. The legal issues before the Commission were whether the proposed changes were in line with the statutory requirements for enterprise agreements under the Fair Work Act 2009, and whether the process for negotiating these changes was fair and just.

The Commission carefully examined the process by which the proposed changes were negotiated and the content of the changes themselves. It considered whether the employer had engaged in genuine bargaining, and if the changes were necessary to address economic, technological, or structural changes. The Commission also assessed whether the proposed changes provided fair and just outcomes for the employees, in line with the principles of the Fair Work Act. After a detailed analysis, the Commission concluded that the changes were appropriate and that the negotiation process was fair and just. The Commission found that the employer had demonstrated a genuine attempt to negotiate and that the proposed changes were necessary and fair.

In light of the findings, the Commission approved the variation of the enterprise agreement. The changes were allowed to proceed, providing the employer and employees with updated terms and conditions of employment. This decision ensured that the enterprise agreement remained relevant and effective in addressing the current economic and operational environment. The outcome was a legally sound and fair variation that met the statutory requirements, benefiting both the employer and the employees.

Bianco Walling Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established