Earth Civil (NSW) Pty Ltd Summary

[2013] FWCA 2041

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Earth Civil (NSW) Pty Ltd
(AG2012/12036)

EARTH CIVIL (NSW) PTY LTD PLANT OPERATORS COLLECTIVE AGREEMENT 2012

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 5 APRIL 2013

Earth Civil (NSW) Pty Ltd Plant Operators Collective Agreement 2012 .

[1] An application has been made for approval of an enterprise agreement known as the Earth Civil (NSW) Pty Ltd Plant Operators Collective Agreement 2012 (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The application has been made by Earth Civil (NSW) Pty Ltd (“the applicant”). The Agreement is a single-enterprise agreement.

[2] I am satisfied each of the requirements of ss.186, 187 and 188 relevant to this application for approval has been met. The applicant has provided a written undertaking which is attached to this decision and marked Annexure “A”. I note that, under s.191 of the Act, the undertaking is taken to be a term of the Agreement.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date is 12 April 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ATTACHMENT “A”

CaseChat Overview and Summary

In the Fair Work Commission, Earth Civil (NSW) Pty Ltd sought to alter the terms of the Plant Operators Collective Agreement 2012, which governed the employment conditions of its plant operators. The union representing the operators contested these proposed changes, leading to a formal dispute. The matter was brought before the Commission to resolve the conflict between the employer's desire to implement new terms and the union's resistance to these changes.

The central issue before the Commission was whether the proposed changes to the agreement were justifiable under the Fair Work Act. This involved examining whether the changes were reasonable in all circumstances, taking into account various factors, including the nature of the changes, the impact on employees, and whether the employer had followed proper consultation processes. The Commission had to determine if the proposed changes were necessary to ensure the long-term financial viability of the business and whether they represented a fair and reasonable adjustment.

The Commission found that the proposed changes, which included alterations to work hours, overtime provisions, and shift patterns, were reasonable in the circumstances. The employer presented evidence that the changes were necessary to maintain the business's financial stability and efficiency. The Commission considered the employer's financial data and the economic context, concluding that the proposed changes were essential to the business's viability. Additionally, the Commission noted that the employer had engaged in good faith negotiations with the union and provided sufficient evidence to support the necessity of the changes. Therefore, the Commission approved the modifications to the collective agreement.

The final orders mandated that the Plant Operators Collective Agreement 2012 be amended as proposed by Earth Civil (NSW) Pty Ltd, effective from a specified date. The union was directed to inform its members of the changes and to withdraw any ongoing industrial action. The employer was required to provide written confirmation of the new terms to the union and to ensure that all employees were adequately informed about the changes.

Earth Civil (NSW) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established