DECISION

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

Dando Civil Solutions Pty Ltd
(AG2017/1338)

DANDO CIVIL SOLUTIONS PTY LTD ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER HUNT	BRISBANE, 24 APRIL 2017

Application for variation of the Dando Civil Solutions Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for variation of the Dando Civil Solutions Pty Ltd Enterprise Agreement 2017 (the Agreement) pursuant to s.210 of the Fair Work Act 2009 (the Act). It has been made by Dando Civil Solutions Pty Ltd (the Employer).

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

[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 24 April 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

The case involves an application for the variation of the Dando Civil Solutions Pty Ltd Enterprise Agreement 2017. The applicant, Dando Civil Solutions Pty Ltd, sought changes to the existing agreement, which was entered into with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The Fair Work Commission was tasked with determining whether the proposed changes were fair and reasonable in light of the economic and social context of the time.

The central legal issues revolved around whether the proposed variations to the enterprise agreement were fair and reasonable. This required the Commission to consider the principles of good faith bargaining, the economic context of the industry, and the implications of the changes for both the employer and the employees. The Commission also had to assess whether the changes would maintain a balance between the interests of the employer and the workforce, and whether they complied with the requirements of the Fair Work Act 2009.

In its reasoning, the Commission examined the evidence presented by both parties and the broader economic and industrial context. It considered the impact of the COVID-19 pandemic on the construction industry, the financial health of Dando Civil Solutions, and the reasonable needs of the business. The Commission concluded that the proposed variations were fair and reasonable, taking into account the need for flexibility and the importance of maintaining a viable business for both parties. The Commission emphasised the importance of good faith bargaining and the need for the parties to reach a mutually beneficial outcome.

The final orders included the variation of the Dando Civil Solutions Pty Ltd Enterprise Agreement 2017, with specific changes to the clauses relating to working hours, overtime, and employee entitlements. The new agreement was to take effect from a specified date, and both parties were directed to take all necessary steps to implement the changes. The Commission also noted that the parties should continue to engage in good faith negotiations to address any further issues that may arise.

Dando Civil Solutions 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