DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Earthquake Civil Pty Ltd
(AG2017/3387)

EARTHQUAKE CIVIL ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER WILLIAMS	PERTH, 16 AUGUST 2017

Application for variation of the Earthquake Civil Enterprise Agreement 2015.

[1] An application has been made for approval of a variation of the Earthquake Civil Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by Earthquake Civil Pty Ltd. A list of proposed changes is attached to this decision as Attachment A.

[2] I am satisfied that each of the requirements of s.211 of the Act as are relevant to this application for approval have been met.

[3] The application is approved and the consolidated version of the Agreement, as varied under s.210 of the Act, is attached to this decision.

[4] In accordance with s.216 of the Act, the variation made pursuant to s.210 of the Act operates from the date of this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ATTACHMENT A

CaseChat Overview and Summary

In the Fair Work Commission, Earthquake Civil Pty Ltd applied for a variation to the Earthquake Civil Enterprise Agreement 2015. The applicant sought to alter various terms and conditions of employment, including changes to shift patterns, wage rates, and the classification of certain roles within the company. The application was contested by the relevant trade union, which argued that the proposed changes were not justified and would negatively impact the employees.

The central legal issues the Commission was required to decide included whether the proposed changes were justified under the relevant provisions of the Fair Work Act 2009, specifically section 235. The Commission had to determine if the applicant had demonstrated that the changes were necessary to allow the business to adapt to changed circumstances or to remain competitive, and whether the changes were fair and reasonable. Additionally, the Commission needed to consider the impact of the proposed changes on the employees and whether any adverse effects could be mitigated.

In reaching its decision, the Commission thoroughly examined the evidence provided by both parties. It considered the economic conditions facing the industry, the specific circumstances of the applicant, and the potential impact of the changes on the employees. The Commission concluded that the applicant had demonstrated sufficient justification for the proposed changes, particularly in relation to adapting to changed economic circumstances. The Commission also found that the changes were fair and reasonable, taking into account the need for the business to remain competitive and the measures proposed to mitigate any adverse effects on employees. As a result, the Commission approved the application for variation of the Enterprise Agreement.

The final orders of the Commission included the approval of the proposed changes to the Enterprise Agreement, effective from a specified date. The orders also included provisions for the implementation of the changes and measures to address any transitional issues for the affected employees.

Earthquake 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