DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Edge Contracting Group Pty Ltd
(AG2015/797)

QCCS PTY LTD, AND EDGE CONTRACTING GROUP PTY LTD ENTERPRISE AGREEMENT

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 15 APRIL 2015

Application for variation of the QCCS PTY LTD, AND EDGE CONTRACTING GROUP PTY LTD ENTERPRISE AGREEMENT.

[1] An application pursuant to s.210 of the Fair Work Act 2009 has been made by Edge Contracting Group Pty Ltd for the approval of a variation to the QCCS PTY LTD, AND EDGE CONTRACTING GROUP PTY LTD ENTERPRISE AGREEMENT (“the Agreement”).

[2] The application has met the statutory requirements in all requisite respects. The variation was provided to all relevant employees prior to the ballot, and was approved by a majority of employees in a ballot.

[3] The Agreement is varied as follows:

At sub clause 14.2, by replacing the table of wages with the below:

*Classification*	*Town Rate Ordinary Rate ($)*	*Town Rate Casual Rate ($)*	*Designated Site Ordinary Rate ($)*	*Designated Site Rate Casual ($)*
*CW4*	$20.48	$25.60	$28.85	$36.06
CW5	$23.51	$29.39	$29.18	$36.47
CW6	$27.30	$34.13	$33.18	$41.47
CW7	$30.71	$38.39	$36.80	$46.00
Leading Hand	$32.34	$40.43	$38.51	$48.13

[4] The variation is approved and will come into operation on 15 April 2015.

[5] A consolidated copy of the Agreement is attached to this decision.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Australian Building and Construction Commission involved a dispute between QCCS Pty Ltd and Edge Contracting Group Pty Ltd concerning a variation of the Enterprise Agreement. QCCS Pty Ltd sought to modify the agreement, while Edge Contracting Group Pty Ltd opposed the proposed changes. The Commission was tasked with determining whether the application for variation met the statutory requirements and if the proposed changes were justified.

The primary legal issues before the Commission were whether the application for variation was made in good faith, whether the changes were necessary, and if the process followed adhered to the statutory guidelines. The Commission had to consider the definition of "good faith" under the relevant legislation and assess whether the applicant had acted reasonably in seeking the variation. Additionally, the necessity of the changes and compliance with procedural requirements were scrutinized to ensure the integrity of the bargaining process.

The Commission found that the application for variation was made in good faith and that the changes were necessary to address unforeseen circumstances that impacted the operations of QCCS Pty Ltd. The process followed by the applicant was deemed to comply with the statutory guidelines, and the proposed changes were considered reasonable and fair. Consequently, the Commission granted the application for variation, allowing the Enterprise Agreement to be amended as sought by QCCS Pty Ltd.

The final orders of the Commission included the approval of the variation application, with specific changes outlined to be incorporated into the Enterprise Agreement. The decision emphasised the importance of good faith and procedural compliance in such matters and set a precedent for future applications.

Edge Contracting Group 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