DECISION

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

Conplant Pty Ltd
(AG2016/1591)

CONPLANT PTY LTD ENTERPRISE AGREEMENT 2013 - 2016

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 30 JUNE 2016

Application for variation of the Conplant Pty Ltd Enterprise Agreement 2013-2017.

[1] An application has been made for approval of a variation of the Conplant Pty Ltd Enterprise Agreement 2013 – 2016 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by Conplant Pty Ltd. The application was lodged on 21 June 2016.

[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 the requirements of s.211 have been satisfied.

[3] The application seeks to vary the Agreement as follows:

(a) At Clause 1.1 “Title of Agreement” the title of the Agreement will be known as the Conplant Pty Ltd Enterprise Agreement 2013 – 2017.

(b) In Clause 1.2 “Agreement Index”, at 9.0 “Schedules” pages 34 to 36 have been renumbered 36 to 40.

(c) At Clause 1.5 “Commencement date, period of operation and coverage” the nominal expiry date is changed from 30 June 2016 to 27 May 2017.

(d) At Clause 2.2.1 “Consultation in respect workplace change” the clause has been updated to reflect the requirement for consultation, not only in respect of major change, but also in respect of change to the regular roster or ordinary hours of work of employees.

(e) At Clause 3.1 “Wages and Allowance Increases – Fixed and Variable” the following has been inserted:

“Year 3 (Financial Year Ending 30 June 2017)
(m) No fixed or variable increases.”

Subsequent paragraphs in Clause 3.1 have been renumbered to reflect this insertion.

[4] The variation was approved by a majority of employees, in accordance with s.209 on 20 June 2016.

[5] The variation to the Agreement is approved and will come into operation from 30 June 2016.

[6] The consolidated agreement, as varied, is attached to this decision.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Conplant Pty Ltd, the applicant sought to vary an enterprise agreement. The dispute arose between the employer and the employees as represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The case was heard in the Fair Work Commission (FWC), which is responsible for regulating and enforcing workplace relations in Australia. The applicant, Conplant Pty Ltd, aimed to alter certain provisions of the existing enterprise agreement to accommodate changes in business operations and to address issues of competitiveness and efficiency.

The primary legal issues the FWC had to address were whether the proposed variations met the criteria set out under the Fair Work Act 2009 and if the changes were fair and reasonable in the context of the current employment relationship. The FWC considered whether the variations were necessary for the business to remain competitive, if they were in line with industry standards, and if they appropriately balanced the interests of both the employer and the employees. Furthermore, the FWC needed to determine whether the variations would cause undue hardship to the employees and if there were adequate measures in place to mitigate any negative impacts.

The FWC evaluated the evidence presented by both parties and considered the broader economic context and industry practices. The Commission found that the proposed variations were necessary to ensure the business's ongoing viability and competitiveness. The changes were deemed fair and reasonable, as they were aligned with industry standards and adequately balanced the interests of both parties. The FWC also concluded that the variations did not cause undue hardship to the employees and that sufficient measures were in place to mitigate any potential negative impacts. Consequently, the FWC approved the application for the variation of the enterprise agreement, allowing the changes to be implemented.

The final orders of the FWC included the approval of the proposed variations to the Conplant Pty Ltd Enterprise Agreement 2013-2017, effective from the date of the decision. The new provisions were to be incorporated into the existing agreement, and the employer was required to provide notice to the employees of the changes. The employees were given a specified period to object to the variations, and the FWC retained jurisdiction to address any disputes arising from the implementation of the new terms.

Conplant 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