DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Egans Contracting Pty Ltd
(AG2018/3394)

EGANS CONTRACTING ENTERPRISE AGREEMENT

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 25 OCTOBER 2018

Application for variation of the Egans Contracting Enterprise Agreement.

[1] An application has been made for approval of a variation to the Egans Contracting Enterprise Agreement (the Agreement). The application was made by Egans Contracting 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] 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.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory 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 variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[6] The varied agreement lodged contained a referencing error at clause 30(f). On 24 October 2018, the Applicant filed an amended version of the varied agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[7] In accordance with s.216 of the Act, the variation operates from 25 October 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Egans Contracting Pty Ltd, an employer, sought a variation of the existing enterprise agreement governing the employment of its workers. The applicant argued that changes in the industry necessitated modifications to the agreement to remain competitive and viable. The Fair Work Commission heard the case, tasked with determining whether the proposed changes were reasonable and necessary.

The primary legal issue before the commission was whether the proposed variations to the enterprise agreement met the criteria set out in the Fair Work Act 2009. Specifically, the commission needed to assess if the changes were necessary to secure the financial viability of the business, whether they were appropriate and reasonable in the circumstances, and if they maintained a balance of interests between the parties. The commission also had to consider the potential impact on employees' rights and protections under the existing agreement.

In its decision, the commission found that the proposed changes were necessary to secure the financial viability of Egans Contracting, given the significant changes in the industry landscape. The commission determined that the variations were appropriate and reasonable, as they aimed to address the challenges faced by the business without undermining the fundamental rights and protections of the employees. The changes were considered to strike a fair balance between the interests of the employer and the workforce. As a result, the commission approved the variations to the enterprise agreement, allowing Egans Contracting to implement the necessary changes.

The final order of the commission was that the Egans Contracting Enterprise Agreement be varied as proposed by the applicant, subject to the terms and conditions outlined in the decision. The variations were to come into effect on the date specified in the order, providing the employer with the flexibility needed to adapt to industry changes while safeguarding the rights of the employees.

Egans Contracting 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