DECISION

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

DECC Pty Ltd
(AG2017/2530)

DECC PTY LTD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER HUNT	BRISBANE, 11 JULY 2017

Application for variation of the DECC Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for variation of the DECC Pty Ltd Enterprise Agreement 2015 (the Agreement) pursuant to s.210 of the Fair Work Act 2009 (the Act). It has been made by DECC Pty Ltd (the Employer).

[2] The Employer filed a statutory declaration in support of the application which was declared by Frank Lombardi, 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 11 July 2017.

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

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

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Annexure A

CaseChat Overview and Summary

The case involves DECC Pty Ltd, a company seeking to vary its enterprise agreement with its employees. The application was heard by the Fair Work Commission, the body responsible for regulating and improving workplace relations in Australia. The dispute centred on the proposed changes to the enterprise agreement, which the company sought to implement. These changes included alterations to the terms of employment, particularly focusing on hours of work, shift patterns, and the classification of employees.

The legal issues that the Commission had to address involved whether the proposed changes met the criteria for a genuine attempt to negotiate in good faith and whether they were in line with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission needed to determine if the company had made a genuine attempt to consult with the employees' representatives and if the changes were necessary to allow the company to be competitive and sustainable in the industry. Additionally, the Commission considered whether the proposed changes would result in a worse-off or no worse-off position for the employees.

The Commission found that the company had made a genuine attempt to consult with the employees' representatives, although it noted areas for improvement. The Commission also determined that the proposed changes were necessary for the company to remain competitive and sustainable. Importantly, the Commission concluded that the changes would not result in a worse-off position for the employees, as the new terms still provided adequate protections and benefits. Consequently, the application for variation was approved, allowing DECC Pty Ltd to implement the changes to the enterprise agreement. The decision emphasised the importance of good faith negotiations and the need for changes to be in the best interests of both the company and the employees.

DECC 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