[2017] FWCA 2606

The attached document replaces the document previously issued with code [2014] FWCA 843 on 11 May 2017.

The print code has been amended.

Rachel Wong

Associate to Deputy President Dean

11 May 2017

[2017] FWCA 2606

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Corellian Pty Ltd
(AG2017/1554)

CORELLIAN PTY LTD ENTERPRISE AGREEMENT 2013-2017

Building, metal and civil construction industries
DEPUTY PRESIDENT DEAN	SYDNEY, 11 MAY 2017

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

[1] On 3 May 2017, Corellian Pty Ltd filed an application pursuant to s.210 of the Fair Work Act 2009 (the Act) for approval of variation to the Corellian Pty Ltd Enterprise Agreement 2013-2017 (the Agreement).

[2] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval have been met. A copy of the variation is attached to this decision at Annexure A.

[3] The variation to the Agreement is approved. In accordance with s.216 of the Act, the variation will operate from 11 May 2017.

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

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Corellian Pty Ltd was the subject of an application for variation of the enterprise agreement entered into between the company and its employees. The application was made to the Fair Work Commission. The nature of the dispute centred on whether the proposed variations to the agreement were necessary and reasonable in the circumstances.

The legal issues that the court was required to decide were whether the proposed changes to the enterprise agreement met the criteria set out in the Fair Work Act 2009. Specifically, the court had to determine if the changes were necessary to facilitate the efficient operation of the business and if they were reasonable in all the circumstances. The court also had to consider the impact of the proposed changes on the employees and whether any adverse effects were outweighed by the benefits to the employer.

The court found that the proposed variations were necessary to facilitate the efficient operation of the business and were reasonable in all the circumstances. The court was satisfied that the changes would not have a significant adverse effect on the employees and that the benefits to the employer outweighed any potential negative impacts on the employees. The court therefore approved the variations to the enterprise agreement. The final orders of the court were that the proposed variations to the enterprise agreement be approved and that the agreement be varied as set out in the application.

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