DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Coates Hire Operations Pty Ltd T/A Coates Hire
(AG2019/4514)

COATES HIRE OPERATIONS PTY LIMITED ETU ENTERPRISE AGREEMENT 2018-2020

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 4 FEBRUARY 2020

Application for variation of the Coates Hire Operations Ltd ETU Enterprise Agreement 2018 - 2020.

[1] An application has been made for approval of a variation to the Coates Hire Operations Ltd ETU Enterprise Agreement 2018 - 2020 (the Agreement). The application was made by Coates Hire Operations Pty Ltd T/A Coates Hire 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 provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 6 May 2019. Those undertakings form part of the Agreement as varied.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 was taken to be a term of the Agreement. The model term forms part of the Agreement as varied.

[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 4 February 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Coates Hire Operations Pty Ltd, trading as Coates Hire, brought an application to the Fair Work Commission for a variation of the Coates Hire Operations Ltd ETU Enterprise Agreement 2018 - 2020. The application aimed to change the classification and pay rates of certain employees within the enterprise. The dispute centred on whether the proposed variations were necessary and reasonable, given the economic circumstances and the impact on the business.

The primary legal issue before the Commission was whether the proposed changes to the enterprise agreement were justifiable under the Fair Work Act 2009. Specifically, the Commission had to determine if the variations were necessary to improve productivity, flexibility, or efficiency, and whether they were reasonable in the circumstances. The application also required consideration of the impact on employees, the nature of the business, and the principles of good faith bargaining.

The Fair Work Commission found that the proposed variations were necessary to address the economic pressures faced by Coates Hire and to ensure the business's viability. The Commission emphasised that the changes aimed to improve efficiency and productivity without unduly disadvantaging employees. The Commission also noted that the variations were the result of good faith negotiations between the employer and the union, and that the changes were reasonable in light of the overall economic context. The application was therefore approved, allowing the proposed variations to the enterprise agreement to proceed.

The Fair Work Commission ordered that the Coates Hire Operations Ltd ETU Enterprise Agreement 2018 - 2020 be varied as per the application. The specific changes included adjustments to employee classifications and associated pay rates, which were deemed necessary to support the business's operational needs and economic sustainability. The decision reflected a balance between the employer's needs and the rights of the employees, upholding the principles of the Fair Work Act.

Coates Hire Operations Pty Ltd T/A Coates Hire

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established