DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Construction, Forestry, Maritime, Mining and Energy Union
(AG2018/1716)

ASA PERSONNEL TRUST (THE TRUSTEE FOR) T/AS ASA PERSONNEL PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) LABOUR HIRE INDUSTRY ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 19 JULY 2018

Application for variation of the ASA Personnel Trust (The Trustee For) T/As ASA Personnel Pty Ltd and the CFMEU (Victorian Construction and General Division) Labour Hire Industry Enterprise Agreement 2016-2018.

[1] An application has been made for approval of a variation to the ASA Personnel Trust (The Trustee For) T/As ASA Personnel Pty Ltd and the CFMEU (Victorian Construction and General Division) Labour Hire Industry Enterprise Agreement 2016-2018 (the Agreement). The application was made by Construction, Forestry, Maritime, Mining and Energy Union 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 19 July 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by the ASA Personnel Trust (trading as ASA Personnel) to the Fair Work Commission for a variation of the Labour Hire Industry Enterprise Agreement 2016-2018 between the trustee and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The application was made under section 234 of the Fair Work Act 2009. The applicant sought to amend the agreement to address issues related to the operation of a payroll system, specifically concerning the calculation and payment of wages and superannuation to labour hire workers.

The primary legal issue before the Commission was whether the proposed changes to the payroll system, which involved a new method of calculating wages and superannuation, met the requirements for an "in principle" agreement as set out in section 234(1)(a) of the Fair Work Act. This required the Commission to determine if the changes were necessary to prevent a significant detriment to the employees or to address an urgent matter affecting the enterprise.

The Fair Work Commission found that the applicant had demonstrated that the proposed changes to the payroll system were necessary to ensure compliance with modern award provisions and to prevent significant detriment to employees. The Commission held that the changes were urgent and met the criteria for an in-principle agreement. The Commission considered that the changes addressed a critical issue that affected the fair and accurate calculation of wages and superannuation, which was essential for the proper operation of the enterprise. As a result, the application for variation was approved, and the amended agreement was certified.

In summary, the Fair Work Commission granted the application for variation of the Labour Hire Industry Enterprise Agreement 2016-2018, allowing the proposed changes to the payroll system to be implemented. The decision recognised the necessity of the changes to prevent significant detriment to employees and to ensure compliance with relevant award provisions.

Construction, Forestry, Maritime, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established