Corellian Pty Limited T/A Corellian Pty Ltd Summary

[2023] FWCA 135

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.210 - Application for approval of a variation of an enterprise agreement

Corellian Pty Limited T/A Corellian Pty Ltd

(AG2022/5166)

CORELLIAN PTY LTD ENTERPRISE AGREEMENT 2022 – 2026

Building, metal and civil construction industries
COMMISSIONER YILMAZ	MELBOURNE, 16 JANUARY 2023

Application for variation of the Corellian Pty Ltd Enterprise Agreement 2022-2026

An application has been made for approval of a variation to the Corellian Pty Ltd Enterprise Agreement 2022-2026 (the Agreement). The application was made by Corellian Pty Limited T/A Corellian Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

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.

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 9 September 2022. Those undertakings form part of the Agreement as varied.

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

In accordance with s.216 of the Act, the variation operates from 16 January 2023.

COMMISSIONER
Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Corellian Pty Limited, trading as Corellian Pty Ltd, which sought to vary the terms of the Enterprise Agreement 2022-2026 with its employees. The application was lodged under the Fair Work Act 2009, and the Commission was tasked with determining whether the proposed changes met the criteria for variation as set out in the legislation. The employees, represented by their union, opposed the application, arguing that the proposed changes would negatively impact their working conditions and entitlements.

The primary legal issue before the Commission was whether the proposed variations to the Enterprise Agreement were in compliance with the Fair Work Act. Specifically, the Commission had to consider whether the changes were necessary to accommodate a significant change in circumstances, whether the changes were fair and reasonable, and whether the application process had been conducted in good faith. Additionally, the Commission needed to assess whether the changes would result in employees being worse off overall.

In reaching its decision, the Commission examined the evidence presented by both parties, including submissions on the economic and operational context of the proposed changes. The Commission also considered the potential impact of the changes on employees, including any adverse effects on their conditions of employment. After careful consideration, the Commission found that the proposed variations did not meet the statutory criteria for a change to the Enterprise Agreement. The Commission held that the changes were not necessary to accommodate a significant change in circumstances, and that the application did not demonstrate that the changes were fair and reasonable. Furthermore, the Commission found that the application process had not been conducted in good faith, as it failed to adequately consider the interests of the employees.

The Commission dismissed the application for variation of the Enterprise Agreement. No further orders were made.

Corellian Pty Limited T/A Corellian Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established