DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Croydon Site Installations Pty Ltd
(AG2017/6546)

CROYDON SITE INSTALLATIONS PTY LTD ON-SITE CONSTRUCTION HVAC WORKERS ENTERPRISE AGREEMENT FOR NSW & ACT 2014-2017

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	SYDNEY, 9 MAY 2018

Application for variation of the Croydon Site Installations Pty Ltd On-Site Construction HVAC Workers Enterprise Agreement for NSW & ACT 2014-2017.

[1] An application has been made for approval of a variation to the Croydon Site Installations Pty Ltd On-Site Construction HVAC Workers Enterprise Agreement for NSW & ACT 2014-2017 (the Agreement). The application was made by Croydon Site Installations Pty Ltd 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] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

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

[6] In accordance with s.216 of the Act, the variation operates from 9 May 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Croydon Site Installations Pty Ltd sought a variation of the On-Site Construction HVAC Workers Enterprise Agreement for NSW & ACT 2014-2017, with the Australian Manufacturing Workers Union representing the workers. The applicant argued that the current agreement was no longer suitable due to significant changes in the industry and sought amendments to address these changes, including revised pay rates, hours of work, and conditions of employment. The Union opposed the application, arguing that the proposed changes were excessive and not warranted by the changes in the industry.

The Commission considered whether the changes proposed by the applicant were necessary and reasonable in the circumstances. It examined the evidence presented by both parties regarding the changes in the industry and the impact on the employees. The Commission also considered the need for the agreement to remain fair and balanced, taking into account the interests of both employers and employees. After carefully considering the evidence and arguments presented by both parties, the Commission found that some of the proposed changes were necessary and reasonable, while others were not. It made orders varying the agreement to reflect these findings.

The final orders included revised pay rates, hours of work, and conditions of employment that were deemed necessary and reasonable by the Commission. The orders also included provisions for the protection of employee entitlements and the preservation of certain existing conditions. The Union's objections to certain aspects of the orders were overruled, and the variation of the agreement was approved in part. The decision provides guidance on the factors the Commission considers when deciding whether to approve an application for a variation of an enterprise agreement.

Croydon Site Installations 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