DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Dowells Bridge and Civil Pty Ltd
(AG2017/4169)

DOWELLS BRIDGE AND CIVIL PTY LTD ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 3 OCTOBER 2017

Application for variation of the Dowells Bridge and Civil Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of a variation to the Dowells Bridge and Civil Pty Ltd Enterprise Agreement 2016 (the Agreement). The application was made by Dowells Bridge and Civil 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 such requirements of ss.186, 187, 188 and 190 as were relevant to the application for approval of an enterprise agreement and the Agreement was approved on 18 November 2016. 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 3 October 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Dowells Bridge and Civil Pty Ltd was a case heard in the Fair Work Commission. The applicant, the employer, sought a variation of the Dowells Bridge and Civil Pty Ltd Enterprise Agreement 2016 to reduce the number of casual employees and increase the hours of existing part-time employees. The dispute arose due to the company's financial difficulties, which it claimed necessitated these changes to remain viable.

The primary legal issue before the Commission was whether the applicant had demonstrated a genuine change in circumstances warranting a variation of the enterprise agreement. The applicant argued that the financial difficulties, coupled with the need to maintain operational efficiency, constituted such a change. Conversely, the union representing the employees contended that the applicant's financial situation did not amount to a genuine change but was instead the result of poor business decisions.

The Commission examined the evidence provided by both parties, including financial statements and expert testimony. It found that while the company was indeed facing financial challenges, the proposed changes were not directly linked to a genuine change in circumstances but rather were part of the applicant's broader business strategy. Consequently, the Commission rejected the application for variation, concluding that the applicant had not met the threshold for demonstrating a genuine change in circumstances under the relevant legislation.

In light of the decision, the Fair Work Commission dismissed the application for variation of the Dowells Bridge and Civil Pty Ltd Enterprise Agreement 2016. The enterprise agreement remained in effect, preserving the existing terms and conditions for employees.

Dowells Bridge and Civil 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