DECISION

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

CivilPlus Constructions Pty Ltd
(AG2017/2489)

CIVILPLUS CONSTRUCTIONS PTY LTD ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER HUNT	BRISBANE, 24 JULY 2017

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

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

[2] The Employer filed a statutory declaration in support of the application which was declared by Scott Ironside, 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 24 July 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

CivilPlus Constructions Pty Ltd applied for a variation of the CivilPlus Constructions Pty Ltd Enterprise Agreement 2016. The application was heard by the Fair Work Commission, which is the tribunal responsible for such matters. The company sought amendments to the existing agreement primarily concerning the working hours and shift patterns of its employees, which would facilitate operational efficiency and flexibility in workforce management.

The legal issues before the tribunal included whether the proposed changes were procedurally and substantively justified under the Fair Work Act 2009. The applicant argued that the changes were necessary due to operational demands and that the proposed shifts would not detrimentally affect the employees' work-life balance. The employees, represented by their union, contested the application, asserting that the changes would lead to increased stress and reduced work-life balance without adequate consultation and negotiation.

The tribunal considered the principles of good faith bargaining and the need for a fair and reasonable outcome for all parties. It concluded that the proposed changes were reasonable and necessary to meet the company's operational requirements. The tribunal also found that the applicant had engaged in good faith negotiations and provided sufficient evidence to support the need for the changes. Accordingly, the tribunal granted the application for variation of the enterprise agreement.

The final orders included modifications to the working hours and shift patterns as proposed by CivilPlus Constructions Pty Ltd, with specific provisions to ensure employee welfare and consultation processes. The decision was based on the balance of fairness and operational necessity, recognising the rights and needs of both the employer and employees.

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