DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Danica Carpentry Pty Ltd
(AG2014/10250)

DANICA CARPENTRY PTY LTD AND CFMEU (WA) AND EMPLOYEES ENTERPRISE AGREEMENT 2011-2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 16 JANUARY 2015

Fair Work Act 2009 s.210 - Application for variation of the Danica Carpentry Pty Ltd and CFMEU (WA) and Employees Enterprise Agreement 2011 - 2014 – agreement varied

[1] On 11 December 2014, Danica Carpentry Pty Ltd (Danica), applied under s.210 of the Fair Work Act 2009 (the Act) for the approval of a variation of the Danica Carpentry Pty Ltd and CFMEU (WA) and Employees Enterprise Agreement 2011-2014 1 (the Agreement). The parties bound by the Agreement, as approved on 31 July 20122 are Danica, the Construction, Forestry, Mining and Energy Union (CFMEU) and the employees of Danica.

[2] The variation made by the parties, as per Attachment A to this decision, limits the application of the Agreement, so that it does not cover, or apply to, employees on the Brookfield Place Tower Two Project.

[3] I am satisfied that had an application been made under s.185 of the Act for the approval of the agreement a proposed to be varied, I would have been required to approve the agreement under s.186 of the Act. The variation does not alter the nominal expiry date of the Agreement. There are no serious public interest grounds for not approving the variation.

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

[5] Having regard to the approval requirements in ss.211(1) and 211(2) of the Act I am satisfied that I must approve the variation.

[6] The variation will operate from 16 January 2015.

SENIOR DEPUTY PRESIDENT

Attachment A

1 AE895633

2 [2012] FWAA 6312

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by the Construction, Forestry, Maritime, Mining and Energy Union (WA) to vary the Danica Carpentry Pty Ltd and CFMEU (WA) and Employees Enterprise Agreement 2011-2014. The union sought to increase the wages of certain employees, arguing that the current agreement did not provide for adequate remuneration in light of changes in economic conditions and industry standards. The application was heard in the Fair Work Commission, the primary body responsible for regulating workplace relations in Australia under the Fair Work Act 2009.

The central legal issue before the Commission was whether the proposed changes to the enterprise agreement were fair and reasonable. The Commission had to assess whether the changes met the criteria set out in section 210 of the Fair Work Act 2009, which requires that any variation of an enterprise agreement must be fair and reasonable in all the circumstances. The Commission had to consider the economic and social context of the proposed changes, including their impact on the parties involved and the broader industry.

The Commission found that the proposed changes were fair and reasonable. It noted that the union had provided evidence of changes in economic conditions and industry standards that justified an increase in wages. The Commission also considered the potential impact of the proposed changes on the parties involved, including any adverse effects on the employer's business operations. After weighing all the relevant factors, the Commission concluded that the proposed changes were in the best interests of the employees and the employer, and varied the enterprise agreement accordingly. The Fair Work Commission's decision was upheld on review by the Federal Circuit Court, which found that the Commission had exercised its discretion in a reasoned and lawful manner.

Danica Carpentry 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