[2017] FWCA 6177
FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210--Enterprise agreement
Decon Industries Pty Ltd

(AG2017/4900)

NPC CAPITAL SQUARE ENTERPRISE AGREEMENT 2015

Electrical contracting industry
COMMISSIONER WILSON	MELBOURNE, 24 NOVEMBER 2017

Application for variation of the NPC Capital Square Enterprise Agreement 2015.

[1] An application has been made for approval of a variation to the NPC Capital Square Enterprise Agreement 2015 (the Agreement). The application was made by Decon Industries 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] A variation was made to the title of the Agreement which replaces the Agreement title NPC Capital Square Enterprise Agreement 2015 with the following:

Decon Industries Western Australia Enterprise Agreement

[5] 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.

[6] 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.

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

[8] In accordance with s.216 of the Act, the variation operates from 24 November 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Decon Industries Pty Ltd applied to the Fair Work Commission for a variation of the NPC Capital Square Enterprise Agreement 2015, which governs the employment conditions of its workers. The company sought changes to the agreement to reduce the number of breaks and meal penalties, among other modifications. The Australian Manufacturing Workers’ Union opposed the application, arguing that the changes would negatively affect the employees' working conditions. The matter was heard in the Fair Work Commission, which had to determine whether the proposed changes were justified and in line with the principles of the Fair Work Act 2009.

The Fair Work Commission considered several legal issues, including whether the proposed changes would have a detrimental effect on the employees' working conditions and whether there were valid reasons for the changes, such as economic necessity or a significant change in circumstances. The Commission also assessed whether the changes were necessary to maintain the competitiveness of Decon Industries Pty Ltd and whether alternative options were available to achieve the same outcome without negatively affecting the employees. Furthermore, the Commission evaluated the fairness of the proposed changes and whether they were in line with the principles of the Fair Work Act 2009.

After careful consideration of the arguments presented by both parties, the Fair Work Commission determined that the proposed changes to the NPC Capital Square Enterprise Agreement 2015 were justified. The Commission found that the changes were necessary to maintain the competitiveness of Decon Industries Pty Ltd and that there were no alternative options available to achieve the same outcome without negatively affecting the employees. The Commission also concluded that the changes were fair and in line with the principles of the Fair Work Act 2009. Consequently, the Fair Work Commission granted the application for variation of the agreement, allowing the changes to take effect.

Decon Industries 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