DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Elite Roads Pty Ltd
(AG2020/844)

ELITE ROADS PTY LTD, (ASPHALT) ENTERPRISE AGREEMENT 2018 TO 2021

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 21 APRIL 2020

Application for variation of the Elite Roads Pty Ltd, (Asphalt) Enterprise Agreement 2018 to 2021.

[1] An application has been made for approval of a variation to the Elite Roads Pty Ltd, (Asphalt) Enterprise Agreement 2018 to 2021 (the Agreement). The application was made by Elite Roads 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. The undertakings are taken to be a term of 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 was taken to be a term of the Agreement. The model term forms part of the Agreement as varied.

[6] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[7] In accordance with s.216 of the Act, the variation operates from 21 April 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Elite Roads Pty Ltd sought to have the Enterprise Agreement 2018 to 2021 varied, with the application being heard in the Fair Work Commission. The primary dispute centred around the need for modifications to the existing agreement, aiming to address evolving business conditions and workforce requirements. The applicants argued that the current terms were no longer viable, necessitating amendments to maintain operational efficiency and competitiveness.

The legal issues before the Commission involved determining whether the proposed variations were necessary and whether the process for seeking these variations adhered to the applicable industrial relations laws. The Commission had to consider the criteria for approving an application to vary an enterprise agreement, including whether the changes were necessary to facilitate a fair and effective workplace, and whether there was genuine bargaining between the parties. Additionally, the Commission assessed whether the proposed changes would result in employees being worse off overall.

After careful consideration, the Commission determined that the proposed variations were necessary to address the current business environment and were in line with the legal requirements for altering an enterprise agreement. The Commission found that the changes did not result in employees being worse off overall and that there had been genuine bargaining between the parties. Consequently, the application to vary the Enterprise Agreement 2018 to 2021 was approved. The decision was made in light of the necessity to adapt to changing business conditions while ensuring that the interests of both employers and employees were protected.

Elite Roads 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