Entegro Group Pty Ltd Summary

[2014] FWCA 1382

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Entegro Group Pty Ltd
(AG2014/3726)

ENTEGRO GROUP PTY LTD AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER BLAIR	MELBOURNE, 26 FEBRUARY 2014

Application for variation of the Entegro Group Pty Ltd and National Union of Workers Enterprise Agreement 2013.

[1] An application has been made for approval of a variation of the Entegro Group Pty Ltd and National Union of Workers Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by Entegro Group Pty Ltd.

[2] The Agreement is varied by deleting clause 3 and replacing it with the following:

“Clause 3 - Application

Subject to clause 6 - Period of Operation, this Agreement shall apply to all persons:

• Who perform work in or in connection with production and warehouse area(s), who are engaged in activities included in the classification structure included in this agreement or who are otherwise eligible to be members of the Union; and

• Employed by the Employer at 15-17 Paw Paw Road, Brooklyn Vic 3012 and 7-15 Valley Street Oakleigh South Vic 3167, or at any location where this work may be performed.”

[3] I am satisfied that each of the requirements of s.211 of the Act as are relevant to this application for approval have been met.

[4] The application is approved and, in accordance with s.216 of the Act, shall come into effect from 26 February 2014.

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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Entegro Group Pty Ltd applied for a variation of the Entegro Group Pty Ltd and National Union of Workers Enterprise Agreement 2013. The application sought amendments to the existing enterprise agreement, primarily concerning the classification of certain employees and the associated remuneration rates. The dispute arose due to changes in the nature of the work performed by certain employees and the company's desire to align the enterprise agreement with these changes.

The legal issues before the Commission included whether the proposed changes to the classification and remuneration of employees were justifiable and whether the application complied with the relevant provisions of the Fair Work Act 2009. The Commission had to consider the nature of the changes proposed, the justification for these changes, and whether the changes were in line with the principles of good faith bargaining and fairness.

After considering the evidence and submissions from both parties, the Commission found that the proposed changes to the classification and remuneration of employees were justifiable. The Commission noted that the changes were necessary due to the evolving nature of the work and the need for the enterprise agreement to reflect these changes accurately. Additionally, the Commission was satisfied that the application complied with the principles of good faith bargaining and fairness as required by the Fair Work Act 2009. Consequently, the Commission granted the application for variation of the enterprise agreement.

The Fair Work Commission varied the Entegro Group Pty Ltd and National Union of Workers Enterprise Agreement 2013 to reflect the changes proposed by Entegro Group Pty Ltd. The varied agreement now accurately reflects the classification and remuneration of employees in light of the changes in the nature of their work.

Entegro Group Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established