DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Corellian Pty Ltd
(AG2017/3435)

CORELLIAN PTY LTD ENTERPRISE AGREEMENT 2013-2017

Building, metal and civil construction industries
COMMISSIONER MCKENNA	SYDNEY, 22 AUGUST 2017

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

[1] An application has been made for the approval of a variation of the Corellian Pty Ltd Enterprise Agreement 2013-2017 (“the Agreement”). The application has been made pursuant to s.210 of the Fair Work Act 2009 (“the Act”) by Corellian Pty Ltd.

[2] Further to the reasons given in proceedings on 17 August 2017, I am satisfied the relevant requirements of s.210 and s.211 of the Act concerning this application for approval have been met given the undertaking now also provided. Separately, I again note the decision in Bieniasv Iplex Pipelines Australia Pty Limited T/A Iplex Pipelines Australia[2017] FWCFB 38, as it concerns the abandonment of employment clause of the Agreement.

[3] The variation can be found at Annexure A of this decision, and the undertaking at Annexure B.

[4] As the Agreement, as varied, does not contain a complying consultation clause, the model consultation clause prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The application for the variation of the Agreement is approved and the variation will operate from 22 August 2017.

[6] A consolidated version of the Agreement, as varied, is attached to this decision.

COMMISSIONER

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Annexure A

Annexure B

CaseChat Overview and Summary

Corellian Pty Ltd was the applicant in an application for variation of the Corellian Pty Ltd Enterprise Agreement 2013-2017. The application was heard by the Fair Work Commission and the matter was one of industrial law, specifically concerning the modification of an existing enterprise agreement. The dispute centred on the need to alter the terms of employment for certain employees, including changes to working hours, pay rates, and conditions.

The central legal issues that the Commission needed to decide were whether the proposed changes were reasonable and necessary, and if they complied with the relevant provisions of the Fair Work Act 2009. The applicant argued that the changes were necessary due to changes in the business environment and the need to remain competitive. The respondent contended that the changes were excessive and not justified under the circumstances.

In its decision, the Commission considered the nature of the business, the economic context, and the impact of the proposed changes on the employees. The Commission found that while the applicant had demonstrated a need for some changes, not all of the proposed variations were necessary or reasonable. The changes that were deemed necessary were those that were directly linked to the applicant's need to adapt to economic changes and maintain competitiveness. The Commission varied the agreement accordingly, ensuring that the changes were balanced and did not adversely affect the employees beyond what was necessary.

The final orders included specific amendments to the enterprise agreement, reflecting the variations approved by the Commission. The changes incorporated were those that were found to be necessary and reasonable, while other proposed changes were rejected as not meeting the required standards.

Corellian 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