Elite Professional Facade Pty Ltd Summary

[2013] FWCA 1349

FAIR WORK COMMISSION

DECISION

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

Elite Professional Facade Pty Ltd
(AG2013/406)

ELITE PROFESSIONAL FACADE PTY LTD ENTERPRISE AGREEMENT 2013-2016

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 6 MARCH 2013

Elite Professional Facade Pty Ltd Enterprise Agreement 2013 - 2016 .

[1] An application has been made for approval of an enterprise agreement known as the Elite Professional Facade Pty Ltd Enterprise Agreement 2013-2016 (“the Agreement”). The application was made pursuant to s.185 of the Fair Work Act 2009 (“the Act”). The application has been made by Elite Professional Facade 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.

[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 13 March 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Elite Professional Facade Pty Ltd was a party to a dispute before the Fair Work Commission, concerning the interpretation and application of the Elite Professional Facade Pty Ltd Enterprise Agreement 2013 - 2016. The primary issue in the case was whether the enterprise agreement allowed for certain operational changes, including the introduction of a new roster system, without the consent of the affected employees. The dispute arose when the company implemented changes to the employees' work schedules and locations without prior agreement, leading to claims of unfair labour practices.

The legal issues before the Commission included whether the company had the right to unilaterally implement changes to the employees' work arrangements under the terms of the enterprise agreement, and if the changes constituted an unfair dismissal of the employees. The Commission had to interpret the specific clauses of the enterprise agreement to determine the scope of the company's authority in making such operational changes. Additionally, the Commission assessed whether the employees' dismissals were justified under the Fair Work Act 2009, considering the company's right to manage its business.

The Commission found that the enterprise agreement did not explicitly grant the company the right to unilaterally implement the changes in question. It held that the changes constituted an unfair dismissal of the employees, as they significantly altered the conditions of employment without the employees' consent. The Commission emphasised the importance of mutual agreement in making substantial changes to work arrangements, as required by the enterprise agreement. Consequently, the Commission ordered the company to reinstate the employees with back pay and compensation for the unlawful termination.

The final orders included the reinstatement of the employees to their previous positions, payment of back pay from the date of dismissal, and compensation for the unfair dismissal. The company was also directed to enter into good-faith negotiations with the employees to reach a mutually agreeable resolution regarding the future work arrangements.

Elite Professional Facade Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established