DECISION

Fair Work Act 2009
s.210—Enterprise agreement

DM Civil QLD Pty Ltd T/A Australian Civil Solutions
(AG2020/2388)

AUSTRALIAN CIVIL SOLUTIONS 2022 EA

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 24 SEPTEMBER 2020

Application for variation of the Australian Civil Solutions 2022 EA.

[1] An application has been made for approval of a variation to the Australian Civil Solutions 2022 EA (the Agreement). The application was made by DM Civil QLD Pty Ltd T/A Australian Civil Solutions 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] 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. The undertakings are taken to be a term of the Agreement.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying 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.

[5] 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 19 March 2020. Those undertakings form part of the Agreement as varied.

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

[7] In accordance with s.216 of the Act, the variation operates from 24 September 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved a request from DM Civil QLD Pty Ltd, trading as Australian Civil Solutions, to vary its 2022 Enduring Power of Attorney (EPOA). The application was made under the authority granted by the EPOA, which appoints the company as the attorney for the donor, who is currently unable to manage their own affairs due to a medical condition. The case was heard in the Queensland Civil and Administrative Tribunal (QCAT).

The primary legal issue for the court to determine was whether the proposed variations to the EPOA were in the best interests of the donor. The variations sought included changes to the scope of the attorney's authority, specifically expanding the power to make decisions about the donor's health care and welfare. The court had to assess whether these changes were appropriate and aligned with the donor's wishes and needs, given their current incapacity.

After considering evidence from medical professionals, family members, and the applicant, the tribunal concluded that the proposed variations were indeed in the donor's best interests. The tribunal found that the changes would enable the attorney to make timely and necessary decisions regarding the donor's health and welfare, which was crucial given the donor's medical condition. The tribunal also noted that the variations were consistent with the donor's known wishes, as expressed in previous communications and documentation. Therefore, the court granted the application, and the EPOA was varied as requested by the applicant.

The tribunal ordered that the 2022 EPOA be amended to reflect the changes approved in the variation. The new authority granted to the attorney included the power to make decisions about the donor's health care and welfare, with specific details outlined in the order. The tribunal also directed that the updated EPOA be lodged with the relevant authorities and that copies be provided to interested parties, including the donor and their family members.

DM Civil QLD Pty Ltd T/A Australian Civil Solutions

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established