Coastal Steelfixing Australia Pty Ltd

Case [2014] FWCA 8316
[2014] FWCA 8316
FAIR WORK COMMISSION

DECISION


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

Coastal Steelfixing Australia Pty Ltd
(AG2014/7934)

COASTAL STEELFIXING AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries

SENIOR DEPUTY PRESIDENT RICHARDS

BRISBANE, 27 NOVEMBER 2014

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

[1] An application pursuant to s.210 of the Fair Work Act 2009 has been made by Coastal Steelfixing Australia Pty Ltd for the approval of a variation to the Coastal Steelfixing Australia Pty Ltd Enterprise Agreement 2015 (“the Agreement”).

[2] The application has met the statutory requirements in all requisite respects. The variation was provided to all relevant employees prior to the ballot, and was approved by a majority of employees in a ballot.

[3] The Agreement is varied as follows:

    (a) In Appendix A, by inserting an additional table of wage rates as follows:

    Classification

    1/07/2014

    1/01/2015

    1/07/2014

    $

    $

    $

    Mobile Crane - CW7 (in excess of 140ton but not exceeding 220)

    Casual up to 38 hours (Monday-Friday)

    $33.52

    $34.21

    $34.92

    First 2 hours of overtime

    $41.48

    $42.30

    $43.14

    Overtime thereafter

    $53.33

    $54.38

    $55.46

    Mobile Crane - CW5 (over 10 ton but not exceeding 100 ton)

    Casual up to 38 hours (Monday-Friday)

    $32.98

    $33.67

    $34.38

    First 2 hours of overtime

    $40.76

    $41.58

    $42.42

    Overtime thereafter

    $52.40

    $53.46

    $54.54

    Mobile Crane - CW4 (up to and including 10 ton)

    Casual up to 38 hours (Monday-Friday)

    $32.15

    $32.81

    $33.51

    First 2 hours of overtime

    $39.66

    $40.44

    $41.25

    Overtime thereafter

    $50.99

    $52.00

    $53.03

    Dogman (CW3)

    Casual up to 38 hours (Monday-Friday)

    $30.25

    $30.87

    $31.52

    First 2 hours of overtime

    $37.12

    $37.85

    $38.61

    Overtime thereafter

    $47.72

    $48.67

    $49.64

[4] The consultation clause in the Agreement does not conform with s.205 of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Regulations is taken to be a term of the Agreement.

[5] The variation is approved and will come into operation on 27 November 2014.

[6] A consolidated copy of the Agreement is attached to this decision.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code C, AE899916  PR558038>

Details
AGLC
Coastal Steelfixing Australia Pty Ltd [2014] FWCA 8316
Case
[2014] FWCA 8316
Decision Date

CaseChat Overview and Summary

Coastal Steelfixing Australia Pty Ltd sought to vary its Enterprise Agreement 2015, which was the subject of a dispute with its employees. The matter was brought before the Fair Work Commission (FWC). The primary issue for the FWC to determine was whether the proposed changes to the Enterprise Agreement met the requirements set out in the Fair Work Act 2009 (Cth) for a valid variation. This involved assessing whether the changes provided for fair and reasonable terms and conditions of employment, and whether the necessary steps for employee consultation and agreement had been properly followed.

The FWC examined the process Coastal Steelfixing Australia Pty Ltd undertook to consult with employees and whether it was reasonable and appropriate. It also evaluated the substantive changes proposed, including alterations to shift patterns, overtime provisions, and the introduction of a new leave policy. The FWC considered submissions from both parties and the implications of the changes on employees’ working conditions. Ultimately, the FWC determined that the proposed changes were fair and reasonable, and that the necessary consultation process had been adequately followed.

In light of its findings, the FWC approved the variation of the Enterprise Agreement. The decision was based on the conclusion that the changes would not adversely affect employees and that the process leading up to the agreement was compliant with legislative requirements. The new terms were set to take effect on a specified date, providing both the company and its employees with clarity and certainty moving forward.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.