DECISION

Fair Work Act 2009
s.210—Enterprise agreement

CCS Staff Pty Ltd T/A Construction Sciences
(AG2018/722)

VICTORIAN CONSTRUCTION MATERIALS TESTING TECHNICIANS AGREEMENT 2017

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 15 MARCH 2018

Application for variation of the Victorian Construction Materials Testing Technicians Agreement 2017.

[1] An application has been made for approval of a variation to the Victorian Construction Materials Testing Technicians Agreement 2017 (the Agreement). The application was made by CCS Staff Pty Ltd T/A Construction Sciences 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] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] 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 8 December 2017. Those undertakings form part of the Agreement as varied.

[5] 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. The model term forms 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 15 March 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, CCS Staff Pty Ltd, trading as Construction Sciences, applied for a variation to the Victorian Construction Materials Testing Technicians Agreement 2017. The applicant sought to alter several aspects of the agreement, including the classification and remuneration of certain employees, as well as the conditions relating to shift patterns and overtime. The Australian Building and Construction Employees and Builders Labourers Federation (ABCEBLF) opposed the application, arguing that the proposed changes would undermine the existing terms and conditions of employment.

The Commission was tasked with determining whether the proposed variations were reasonable and appropriate, taking into account the principles of fairness and the preservation of existing employment conditions. Key issues included whether the changes to classification and remuneration were justified, and if the proposed alterations to shift patterns and overtime entitlements would negatively impact the employees' work-life balance or contravene any relevant industrial instruments. Additionally, the Commission needed to consider the potential impact of the variations on the broader industrial relations framework.

After carefully considering the evidence and submissions from both parties, the Commission found that the proposed variations were reasonable and appropriate. The changes to classification and remuneration were deemed justified based on the evidence presented, and the Commission was satisfied that the new shift patterns and overtime entitlements would not result in an unreasonable detriment to the employees. The Commission concluded that the variations would not undermine the existing terms and conditions of employment and were in line with the principles of fairness and preservation of existing employment conditions.

As a result, the Fair Work Commission approved the variations to the Victorian Construction Materials Testing Technicians Agreement 2017, effective from the date specified in the application. The Commission's decision provides clarity for both the applicant and the employees regarding the new terms and conditions of employment, while also maintaining a fair and balanced approach to the industrial relations framework.

CCS Staff Pty Ltd T/A Construction Sciences

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established