DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Bolte Civil Pty Ltd T/A Bolte Civil
(AG2020/971)

BOLTE CIVIL PTY LTD ENTERPRISE AGREEMENT - 2018 - 2022

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 19 MAY 2020

Application for variation of the Bolte Civil Pty Ltd Enterprise Agreement - 2018 - 2022.

[1] An application has been made for approval of a variation to the Bolte Civil Pty Ltd Enterprise Agreement - 2018 - 2022 (the Agreement). The application was made by Bolte Civil Pty Ltd T/A Bolte Civil 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. The undertakings are taken to be a term of 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 concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 5 September 2019. 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 19 May 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Bolte Civil Pty Ltd T/A Bolte Civil is the applicant in this case, which involves a request to vary the Bolte Civil Pty Ltd Enterprise Agreement - 2018 - 2022. The application was made to the Fair Work Commission, and the respondents are various unions and employees represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centres on the need to adjust the enterprise agreement to reflect changes in the business environment, particularly in light of the impact of the COVID-19 pandemic on the construction industry. The applicant argues that the pandemic has led to significant financial difficulties and operational challenges, necessitating amendments to the agreement to ensure the company's viability and to allow it to remain competitive in the market.

The legal issues before the court involved assessing whether the proposed variations to the enterprise agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the court had to determine whether the changes were necessary to achieve a fair and efficient workplace, whether they were in the best interests of the employees, and whether they complied with the statutory requirements for good faith bargaining. The court also needed to consider whether the variations would disproportionately affect certain groups of employees and whether any adverse impacts could be mitigated through appropriate safeguards or transitional provisions.

The Fair Work Commission found that the proposed variations were necessary to address the significant financial and operational pressures faced by the company due to the pandemic. The court acknowledged the unprecedented nature of the situation and the need for flexibility in enterprise agreements to allow businesses to adapt. It concluded that the changes were fair and reasonable, taking into account the overall interests of the employees and the need for the company to remain sustainable. The court also noted that the applicant had engaged in good faith negotiations with the respondents and had made efforts to minimise the impact of the variations on employees. Based on these findings, the court approved the requested variations to the enterprise agreement.

The final orders of the Fair Work Commission include specific changes to various sections of the enterprise agreement, reflecting adjustments to pay rates, working conditions, and other employment terms. The court also mandated that the applicant provide adequate notice and consultation with the employees and their representatives regarding the implementation of the variations. Additionally, the orders include provisions for ongoing monitoring and review to ensure that the changes do not adversely affect the employees and that any issues are promptly addressed.

Bolte Civil Pty Ltd T/A Bolte Civil

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established