DECISION

Fair Work Act 2009
s.210—Enterprise agreement

CivilPlus Constructions Pty Ltd
(AG2018/6622)

CIVILPLUS CONSTRUCTIONS PTY LTD ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 14 JUNE 2019

Application for variation of the CivilPlus Constructions Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of a variation to the CivilPlus Constructions Pty Ltd Enterprise Agreement 2016 (the Agreement). The application was made by CivilPlus Constructions Pty Ltd 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 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 18 May 2016. Those undertakings form part of the Agreement as varied.

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

[6] In accordance with s.216 of the Act, the variation operates from 14 June 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

CivilPlus Constructions Pty Ltd was the subject of an application to the Fair Work Commission for a variation of the enterprise agreement in place since 2016. The Fair Work Commission was tasked with determining whether the proposed changes to the agreement, which sought to alter the classification and remuneration of certain employees, were warranted under the relevant legislation. The applicant argued that the changes were necessary to ensure the continued competitiveness and financial viability of the company, while the respondent contended that the modifications would adversely affect the employees' terms and conditions.

The central legal issues before the Commission involved whether the proposed variations met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to assess if the changes were in the interests of employees, and if they provided for fair and reasonable terms and conditions of employment. Additionally, the Commission needed to consider whether the proposed changes were necessary to ensure the financial viability of the business and whether the process of consultation and negotiation had been appropriately conducted.

The Fair Work Commission determined that the proposed variations were in the interests of the employees, as they were necessary to maintain the financial health of the company. The Commission found that the changes would not result in a deterioration of the employees' terms and conditions, but rather, they would help to secure their employment in the long term. Furthermore, the Commission concluded that the applicant had demonstrated a genuine attempt to consult and negotiate with the employees and their representatives. Accordingly, the application for the variation of the enterprise agreement was approved.

The Commission ordered that the CivilPlus Constructions Pty Ltd Enterprise Agreement 2016 be varied in accordance with the terms set out in the application, effective from the date of the decision. This decision highlights the importance of balancing the financial needs of a business with the rights and interests of employees when considering variations to an enterprise agreement.

CivilPlus Constructions 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