DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Epoca Constructions Pty Ltd
(AG2017/6697)

EPOCA CENTRAL AND NORTHERN QUEENSLAND AGREEMENT 2014

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 5 JANUARY 2018

Application for variation of the EPOCA Central and Northern Queensland Agreement 2014.

[1] An application has been made for approval of a variation to the EPOCA Central and Northern Queensland Agreement 2014 (the Agreement). The application was made by Epoca Constructions 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 has provided written undertakings in relation to the following matters:

● A definition of a shiftworker for the purposes of the National Employment Standards;

● Casual employees’ rates of pay; and

● Shift penalties.

[5] A copy of the undertakings is attached in Annexure B. I am satisfied that the undertakings are required to address issues in the Agreement and that the undertakings, if accepted, will not cause financial detriment to any employee covered by the Agreement and will not result in substantial changes to the Agreement.

[6] 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.

[7] The Applicant provided written undertakings to meet such requirements of ss.186, 187, 188 and 190 as were relevant to the application for approval of an enterprise agreement and the Agreement was approved on 25 July 2014. Those undertakings form part of the Agreement as varied.

[8] 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.

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

[10] In accordance with s.216 of the Act, the variation operates from 5 January 2018.

COMMISSIONER

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CaseChat Overview and Summary

Epoca Constructions Pty Ltd applied for a variation to the EPOCA Central and Northern Queensland Agreement 2014. The application was made in the Fair Work Commission. The dispute arose from the parties' disagreement over the interpretation and application of the agreement, particularly concerning the classification of workers and the associated pay rates. The applicant argued that certain workers should be classified under a different category, which would entitle them to higher pay rates, while the respondent maintained that the current classification was correct.

The legal issues before the Commission involved interpreting the terms of the agreement, specifically the classification of workers, and determining whether the applicant's proposed variation was justified. The Commission needed to consider the plain meaning of the agreement, the context in which it was made, and any relevant industry practices or standards. Additionally, the Commission had to weigh the applicant's arguments for a change in classification against the respondent's position, which was supported by evidence of the workers' duties and responsibilities.

The Commission found that the plain meaning of the agreement supported the respondent's interpretation of the classification of workers. The Commission noted that the agreement's terms were clear and unambiguous, and there was no evidence to suggest that the parties intended for a different classification. The Commission also considered industry practices and found that the applicant's proposed classification was not consistent with the industry standards. As a result, the application for a variation was dismissed.

The Commission ordered that the application for a variation of the EPOCA Central and Northern Queensland Agreement 2014 be dismissed. The respondent was not required to pay the applicant's costs of the application.

Epoca Constructions 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