DECISION

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

Elite Roads Pty Ltd
(AG2020/845)

ELITE ROADS PTY LTD (PROFILING) 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 (Profiling) Enterprise Agreement 2018 to 2021.

[1] An application has been made for approval of a variation to the ELITE ROADS Pty Ltd (Profiling) 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] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 21 January 2019. Those undertakings form part of the Agreement as varied.

[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 22 April 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Elite Roads Pty Ltd sought to vary the terms of the ELITE ROADS Pty Ltd (Profiling) Enterprise Agreement 2018 to 2021 in a matter heard by the Fair Work Commission. The application focused on changes to working hours, pay rates, and the classification of employees. The company argued that the changes were necessary due to operational demands and economic factors. The relevant union opposed the changes, asserting that they would adversely affect employee conditions and job security.

The legal issues before the Commission involved determining whether the proposed changes were procedurally correct and substantively justifiable under the Fair Work Act 2009. Specifically, the Commission had to assess whether the application met the criteria for a variation as outlined in the Act, including whether the changes were in good faith and whether they provided a fair and reasonable outcome for all parties involved. Additionally, the Commission considered whether the application process adequately protected the interests of the employees.

In its decision, the Commission found that the application was procedurally sound, as the company had engaged with the union and provided sufficient evidence to support the need for changes. However, the Commission determined that some of the proposed changes, particularly those affecting pay rates, did not provide a fair and reasonable outcome for employees. Consequently, while the Commission approved certain aspects of the application, it rejected others, requiring the parties to negotiate further to reach a mutually acceptable agreement. The Commission's decision aimed to balance the company's operational needs with the protection of employee rights and interests.

The Fair Work Commission ordered that certain changes to the enterprise agreement be implemented, while other proposed changes were rejected. The parties were directed to continue negotiations to address the rejected changes and reach a new agreement. The Commission also set a timeline for the completion of these negotiations, emphasizing the importance of fair and reasonable outcomes for both the company and its employees.

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