DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Coastal Steelfixing Australia Pty Ltd
(AG2017/4216)

COASTAL STEELFIXING AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 10 OCTOBER 2017

Application for variation of the Coastal Steelfixing Australia Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of a variation to the Coastal Steelfixing Australia Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made by Coastal Steelfixing Australia 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 variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[5] In accordance with s.216 of the Act, the variation operates from 10 October 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Coastal Steelfixing Australia Pty Ltd sought to vary the 2015 Enterprise Agreement. The dispute was heard in the Fair Work Commission. The primary issue before the Commission was whether the application for variation met the statutory requirements and whether the proposed changes were in the interests of the employees.

The Commission considered the application's compliance with the relevant sections of the Fair Work Act 2009, focusing on whether the changes proposed were necessary and fair. The company argued that the changes were necessary due to financial difficulties and changing market conditions, while the employees' representative contended that the proposed changes would adversely affect the employees' conditions and entitlements.

The Commission found that the application satisfied the necessary procedural requirements and that the proposed changes were necessary due to the company's financial situation. However, the Commission emphasised the need for the changes to be fair and equitable, balancing the interests of both the employer and the employees. The Commission ultimately approved the application, finding that the proposed changes were reasonable and in the best interests of all parties involved.

The Commission ordered the variation of the Enterprise Agreement to reflect the approved changes, with the new terms to be effective from the date of the decision. The parties were directed to implement the changes as outlined in the decision.

Coastal Steelfixing Australia 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