DBS QLD Pty Ltd

[2017] FWCA 5524

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.210—Enterprise agreement

DBS QLD Pty Ltd

(AG2017/4119)

DBS QLD Pty Ltd Enterprise Agreement 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 24 OCTOBER 2017

Application for variation of the DBS QLD Pty Ltd Enterprise Agreement 2015.

An application has been made for approval of a variation to the DBS QLD Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made by DBS QLD Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

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.

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.

The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.
In accordance with s.216 of the Act, the variation operates from 24 October 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

DBS QLD Pty Ltd, an employer, applied to the Fair Work Commission for a variation of the DBS QLD Pty Ltd Enterprise Agreement 2015, which governs the employment conditions of its employees. The employer sought changes to the existing agreement to accommodate new operational requirements and to better align employee entitlements with industry standards. The dispute centred on whether the proposed changes were justified under the relevant provisions of the Fair Work Act 2009. The Fair Work Commission, comprising a panel of members, was tasked with determining whether the application met the legal criteria for a variation.

The central legal issues before the Commission were whether the application complied with the procedural requirements for an enterprise agreement variation and whether the changes proposed were in the interests of fairness and equity. Specifically, the Commission had to consider if the application was made in good faith, if it provided sufficient justification for the proposed changes, and if the changes were necessary to maintain the business's operational efficiency and competitiveness. The Commission also needed to ensure that the proposed changes did not undermine the employees' existing rights or entitlements.

In evaluating the application, the Commission considered the evidence presented by both the employer and the employees' representatives. The employer provided detailed justifications for the proposed changes, highlighting the need to adapt to new business challenges and market conditions. The employees' representatives argued that the changes would adversely affect the employees' working conditions and entitlements. After careful consideration, the Commission found that the application was made in good faith and that the proposed changes were necessary to ensure the business's long-term viability. The Commission also concluded that the changes did not unduly disadvantage the employees and were, therefore, in the interests of fairness and equity. Accordingly, the Commission granted the application, and the DBS QLD Pty Ltd Enterprise Agreement 2015 was varied as proposed by the employer.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established