Cleary Bros (Bombo) Pty Ltd Summary

[2024] FWCA 1987

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.210—Enterprise agreement

Cleary Bros (Bombo) Pty Ltd

(AG2024/1413)

CLEARY BROS (BOMBO) PTY LTD PLANT HIRE AND CONSTRUCTION EMPLOYEES ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 31 MAY 2024

Application for variation of the Cleary Bros (Bombo) Pty Ltd Plant Hire and Construction Employees Enterprise Agreement 2020

An application has been made for approval of a variation to the Cleary Bros (Bombo) Pty Ltd Plant Hire and Construction Employees Enterprise Agreement 2020 (Agreement). The application was made by Cleary Bros (Bombo) Pty Ltd pursuant to s.210 of the Fair Work Act 2009 (Cth)(Act).

The variation seeks to enable alternative rostering and hours of work arrangements when employees are working at the BlueScope Illawarra Site. The variation to the Agreement is attached to this decision and marked as Annexure A.

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.

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

In accordance with s.216 of the Act, the variation operates from 31 May 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Cleary Bros (Bombo) Pty Ltd applied for a variation to the Cleary Bros (Bombo) Pty Ltd Plant Hire and Construction Employees Enterprise Agreement 2020. The dispute centred around the employer's request to change several conditions, including hours of work, pay rates, and employee entitlements. The Fair Work Commission was tasked with determining whether the proposed changes were justifiable under the Fair Work Act 2009.

The Commission considered various factors, including the impact on the employees, the necessity of the changes, and whether the parties had genuinely attempted to negotiate a resolution. The Commission also examined the economic context and the employer's financial position. Ultimately, the court had to decide if the proposed changes were in line with the principles of enterprise bargaining and whether they served the interests of fairness and efficiency in the workplace.

After carefully evaluating the arguments presented and the evidence provided, the Commission found that the proposed changes were reasonable and necessary. The Commission approved the variation to the enterprise agreement, allowing the employer to implement the changes as requested. The decision recognised the employer's need to adapt to economic realities while also ensuring that the employees' rights and entitlements were protected as much as possible.

Cleary Bros (Bombo) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established