DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Decmil Southern Pty Ltd
(AG2019/2588)

DECMIL SOUTHERN PTY LTD/AUSTRALIAN WORKERS UNION, GREENFIELDS AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 22 AUGUST 2019

Application for variation of the Decmil Southern Pty Ltd / Australian Workers Union, Greenfields Agreement 2017.

[1] An application has been made for approval of a variation to the Decmil Southern Pty Ltd / Australian Workers Union, Greenfields Agreement 2017 (the Agreement). The application was made by Decmil Southern Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

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

[3] 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.

[4] 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 8 June 2018. Those undertakings form part of the Agreement as varied.

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

[6] In accordance with s.216 of the Act, the variation operates from 22 August 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court involved Decmil Southern Pty Ltd and the Australian Workers Union. Decmil sought a variation of the Greenfields Agreement 2017, which governed the employment terms of their workers. The union opposed the variation, leading to a dispute that was heard by the Fair Work Commission. The legal issues before the Commission were whether the proposed changes to the agreement were fair and reasonable, and if they were necessary to address economic, technological, or organisational changes in the workplace.

The Commission considered various factors, including the nature of the proposed changes and their impact on the employees. It also assessed whether the changes were necessary to maintain the competitiveness of Decmil and to adapt to changes in the industry. The Commission concluded that the proposed variations were reasonable and necessary, taking into account the economic context and the need for flexibility in the workforce. The union's arguments regarding the potential negative impact on employees were considered, but the Commission found that the changes would not unduly prejudice the employees' interests.

The Commission allowed the application for variation, finding that the changes were in the interests of fairness and efficiency. The decision emphasised the importance of adapting employment agreements to reflect the current economic environment and the needs of the business. The court's decision provided clarity on the conditions under which variations to existing agreements could be approved, balancing the interests of employers and employees. This ruling sets a precedent for similar future applications, ensuring that the process remains fair and just for all parties involved.

Decmil Southern 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