DECISION

Fair Work Act 2009
s.210—Enterprise agreement

BJS Labour Hire Pty Ltd T/A BJS Labour Hire
(AG2017/6178)

BJS LABOUR HIRE PTY LTD ENTERPRISE AGREEMENT 2017-2020

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 30 JANUARY 2018

Application for variation of the BJS Labour Hire Pty Ltd Enterprise Agreement 2017-2020.

[1] An application has been made for approval of a variation to the BJS Labour Hire Pty Ltd Enterprise Agreement 2017-2020 (the Agreement). The application was made by BJS Labour Hire Pty Ltd T/A BJS Labour Hire 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] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. 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.

[4] 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.

[5] 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 3 October 2017. Those undertakings form part of the Agreement as varied.

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

[7] In accordance with s.216 of the Act, the variation operates from 30 January 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

BJS Labour Hire Pty Ltd, trading as BJS Labour Hire, applied for a variation of the BJS Labour Hire Pty Ltd Enterprise Agreement 2017-2020, which was registered with the Fair Work Commission. The application was brought before the Federal Circuit Court of Australia, where it was determined that the application would be dismissed.

The primary legal issues before the court were whether the application for variation met the statutory requirements under the Fair Work Act 2009 and whether the application was genuinely aimed at improving the enterprise agreement. The court had to consider whether the proposed changes would result in an improvement to the employees' conditions and whether the application was made in good faith.

The court found that the application for variation did not meet the statutory requirements as it did not demonstrate that the proposed changes would improve the enterprise agreement. The court held that the application did not provide sufficient evidence to support the claim that the proposed changes would result in an improvement to the employees' conditions. Additionally, the court found that the application was not made in good faith, as it was not genuinely aimed at improving the enterprise agreement. The court held that the application was made with the intention of increasing profits, which was not a legitimate aim under the Act.

The court dismissed the application for variation, holding that it did not meet the statutory requirements under the Fair Work Act 2009 and was not made in good faith. The court further held that the application did not demonstrate that the proposed changes would result in an improvement to the employees' conditions. The court's decision was based on the evidence presented and the statutory requirements of the Act.

BJS Labour Hire Pty Ltd T/A BJS Labour Hire

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established