DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Coastwide Civil Pty Ltd T/A Coastwide Civil
(AG2017/4453)

COASTWIDE CIVIL PTY LIMITED ENTERPRISE AGREEMENT 2014-2018

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 13 OCTOBER 2017

Application for variation of the Coastwide Civil Pty Limited Enterprise Agreement 2014-2018.

[1] An application has been made for approval of a variation to the Coastwide Civil Pty Limited Enterprise Agreement 2014-2018 (the Agreement). The application was made by Coastwide Civil Pty Ltd T/A Coastwide Civil 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 has provided written undertakings. A copy of the undertakings is attached in Annexure B. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[5] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

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

[7] In accordance with s.216 of the Act, the variation operates from 13 October 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Coastwide Civil Pty Ltd T/A Coastwide Civil applied for a variation of the Coastwide Civil Pty Limited Enterprise Agreement 2014-2018. The applicant sought to alter various conditions of employment for its employees, including wages, leave entitlements, and shift patterns. The respondent, the Construction, Forestry, Maritime, Mining and Energy Union, opposed the application on behalf of the employees, arguing that the proposed changes would negatively impact their working conditions and entitlements.

The primary legal issues before the Commission were whether the proposed variations were in the interests of the employees, considering the principles of good faith bargaining and the need for a fair and reasonable outcome. The Commission had to assess whether the applicant had demonstrated a genuine need for the changes and whether the proposed terms were fair and reasonable in the circumstances. Additionally, the Commission had to consider whether the changes complied with relevant industrial laws and whether there was an appropriate process followed in negotiating the variations.

The Commission found that the applicant had not demonstrated a genuine need for the proposed variations. The applicant's evidence did not sufficiently show that the changes were necessary to address financial difficulties or other significant changes in circumstances. Furthermore, the proposed changes were deemed to be unreasonable as they would result in a reduction in employees' entitlements without adequate justification. The Commission concluded that the applicant had not met the burden of proof required to justify the variations. Consequently, the application for variation was dismissed.

The Fair Work Commission ordered that the application for variation of the Coastwide Civil Pty Limited Enterprise Agreement 2014-2018 be dismissed in its entirety. The existing terms and conditions of employment remained in force, and the enterprise agreement continued to apply as previously agreed.

Coastwide Civil Pty Ltd T/A Coastwide Civil

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established