Decmil Australia Pty Ltd

Case [2023] FWCA 2969
[2023] FWCA 2969

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.210—Enterprise agreement

Decmil Australia Pty Ltd

(AG2023/2858)

DECMIL AUSTRALIA ENTERPRISE AGREEMENT 2023

Building, metal and civil construction industries

COMMISSIONER CRAWFORD

SYDNEY, 15 SEPTEMBER 2023

Application for variation of the Decmil Australia Enterprise Agreement 2023

  1. An application has been made for approval of a variation to the Decmil Australia Enterprise Agreement 2023 (the Agreement). The application was made by Decmil Australia Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

  1. The application seeks to vary clause 2.1(b) of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

  1. 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.

  1. The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 3 August 2023. Those undertakings form part of the Agreement as varied.

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

  1. In accordance with s.216 of the Act, the variation operates from 15 September 2023.

COMMISSIONER

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Details
AGLC
Decmil Australia Pty Ltd [2023] FWCA 2969
Case
[2023] FWCA 2969
Decision Date

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by Decmil Australia Pty Ltd to vary the Decmil Australia Enterprise Agreement 2023. The application sought to make several amendments to the existing agreement, which governs the terms and conditions of employment for the company's employees. The primary dispute centred on the proposed changes to the remuneration, leave provisions, and certain operational protocols within the agreement.

The legal issues before the Commission involved assessing whether the proposed variations were in line with the criteria set out in the Fair Work Act 2009. Specifically, the Commission needed to determine if the changes were necessary to facilitate a fair and efficient workplace, whether they provided fair compensation to employees, and if they adhered to the principles of good faith bargaining and procedural fairness. Additionally, the Commission examined whether the proposed changes would unduly prejudice the employees' terms and conditions of employment.

The Commission, after considering the submissions from both parties, concluded that the proposed variations did not meet the statutory criteria for a fair and efficient workplace. The changes to remuneration and leave provisions were found to be inadequately justified and potentially prejudicial to the employees' interests. The Commission also noted that the process by which the variations were proposed did not fully adhere to good faith bargaining principles. Consequently, the application for variation was dismissed. The Commission upheld the existing terms of the Decmil Australia Enterprise Agreement 2023, with no changes implemented.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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