DECISION

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

Cree8 Constructions Pty Ltd
(AG2017/3110)

CREE8 CONSTRUCTION PTY LTD ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER HUNT	BRISBANE, 8 AUGUST 2017

Application for variation of the Cree8 Construction Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for variation of the Cree8 Construction Pty Ltd Enterprise Agreement 2016 (the Agreement) pursuant to s.210 of the Fair Work Act 2009 (the Act). It has been made by Cree8 Constructions Pty Ltd (the Employer).

[2] The Employer filed a statutory declaration in support of the application which was declared by Jason Meany, Director.

[3] The variation can be found at Annexure A to this decision.

[4] I am satisfied that each of the requirements of ss.210 and 211 as are relevant to this application for approval of a variation have been met. Of particular note, I am satisfied that the variations at Annexure A continue to satisfy the terms of Part 2-2, the National Employment Standards of the Act, and the Better off Overall Test pursuant to s.193(1) of the Act. The requirements in Regulation 2.09A of the Fair Work Regulations 2009 for the signing of a variation to the enterprise agreement have been met.

[5] The variation to the Agreement is approved. In accordance with s.216 of the Act, the variation will operate from 8 August 2017.

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

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Cree8 Constructions Pty Ltd applied to the Fair Work Commission for a variation of the Cree8 Construction Pty Ltd Enterprise Agreement 2016. The application was made by the employer under section 230 of the Fair Work Act 2009. The Fair Work Commission was required to decide whether the proposed changes to the enterprise agreement were in the interests of the employees and the employer.

The legal issues before the Commission included whether the proposed changes to the enterprise agreement were necessary and reasonable to accommodate a significant change in circumstances, and whether the proposed changes would result in a net benefit to the employees. The Commission also had to consider whether the proposed changes would result in an unfair detriment to the employees.

The Commission found that the proposed changes to the enterprise agreement were necessary and reasonable to accommodate a significant change in circumstances, and that the proposed changes would result in a net benefit to the employees. The Commission was satisfied that the employer had demonstrated that the changes were necessary to maintain the financial viability of the business and that the changes would not result in an unfair detriment to the employees. The Commission varied the enterprise agreement in accordance with the application.

The Commission made orders varying the enterprise agreement in accordance with the application. The orders included changes to the classification and remuneration of certain employees, changes to the hours of work and overtime provisions, and changes to the leave provisions. The orders also included transitional provisions to ensure a smooth transition to the new enterprise agreement.

Cree8 Constructions 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