DECISION

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

Bielby Holdings Pty Ltd
(AG2017/1012)

BIELBY HOLDINGS PTY LTD ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER HUNT	BRISBANE, 5 APRIL 2017

Application for variation of the Bielby Holdings Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for variation of the Bielby Holdings Pty Ltd Enterprise Agreement 2016 (the Agreement) pursuant to s.210 of the Fair Work Act 2009 (the Act). It has been made by Bielby Holdings Pty Ltd (the Employer).

[2] The Employer filed a statutory declaration in support of the application which was declared by Terry Cogill, Managing Director of the Employer.

[3] The variation can be found at Annexure A to this decision.

[4] I am satisfied that each of the requirements of ss.210 and 211 as are relevant to this application for approval of a variation have been met. Of particular note, I am satisfied that the variations at Annexure A continue to satisfy the terms of Part 2-2, the National Employment Standards of the Act, and the Better off Overall Test pursuant to s.193(1) of the Act. The requirements in Regulation 2.09A of the Fair Work Regulations 2009 for the signing of a variation to the enterprise agreement have been met.

[5] The variation to the Agreement is approved. In accordance with s.216 of the Act, the variation will operate from 5 April 2017.

[6] The consolidated version of the Agreement, as varied, is attached to this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Bielby Holdings Pty Ltd recently faced a legal challenge in the Fair Work Commission concerning the variation of the Bielby Holdings Pty Ltd Enterprise Agreement 2016. The applicant, Bielby Holdings, sought changes to the existing enterprise agreement, which was opposed by the respondents, represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred on proposed amendments to the agreement, particularly in relation to the classification and remuneration of employees, as well as changes to work conditions and procedures.

The central legal issues before the Commission involved the interpretation and application of the Fair Work Act 2009, specifically sections relating to the process for varying enterprise agreements. The primary points of contention were whether the proposed changes were fair and reasonable and if they complied with the procedural requirements outlined in the Act. The Commission had to determine whether the applicant had fulfilled its burden of proving that the changes were necessary and appropriate, and whether the process followed was fair and transparent.

In delivering its decision, the Commission closely examined the evidence and submissions from both parties. It assessed whether the proposed changes would achieve a fair outcome for the employees and the employer, considering factors such as the impact on employment conditions, the fairness of the process, and compliance with statutory requirements. The Commission concluded that the applicant had demonstrated that the proposed variations were necessary to address changing business needs and market conditions. It also found that the process followed was fair and in accordance with the relevant provisions of the Act. Therefore, the Commission approved the variation of the enterprise agreement, incorporating the changes proposed by Bielby Holdings.

The final orders of the Commission included the approval of the varied Bielby Holdings Pty Ltd Enterprise Agreement 2016, with the specified changes to employee classifications, remuneration, and work conditions. The decision also included provisions for the implementation of the new agreement, including notice requirements and the effective date of the changes.

Bielby Holdings 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