DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Excell Gray Bruni Pty Ltd
(AG2019/956)

EXCELL GRAY BRUNI PTY LTD AND THE AUSTRALIAN WORKERS’ UNION AGREEMENT 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 29 MAY 2019

Application for variation of the Excell Gray Bruni Pty Ltd and the Australian Workers’ Union’ Agreement 2018.

[1] An application has been made for approval of a variation to the Excell Gray Bruni Pty Ltd and the Australian Workers’ Union’ Agreement 2018 (the Agreement). The application was made by Excell Gray Bruni 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 30 October 2018. Those undertakings form part of the Agreement as varied.

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

[6] In accordance with s.216 of the Act, the variation operates from 29 May 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of Excell Gray Bruni Pty Ltd involves an application for the variation of the Excell Gray Bruni Pty Ltd and the Australian Workers’ Union Agreement 2018. The application was brought before the Fair Work Commission by Excell Gray Bruni Pty Ltd, seeking amendments to the existing enterprise agreement. The Australian Workers’ Union contested the application, leading to a hearing before the Commission.

The primary legal issue before the Fair Work Commission was whether the proposed changes to the enterprise agreement were justified under the relevant legislative provisions. Specifically, the Commission had to determine whether the application met the criteria for a variation, including whether the changes were necessary to address changed circumstances or to improve the terms and conditions of employment. The Commission also considered the potential impact of the proposed changes on the parties involved and whether the application was made in good faith.

In its decision, the Fair Work Commission carefully examined the evidence and submissions from both parties. The Commission found that the application did not meet the necessary criteria for a variation of the enterprise agreement. The Commission highlighted that the proposed changes did not sufficiently demonstrate that they were necessary to address changed circumstances or to improve the terms and conditions of employment. Furthermore, the Commission noted that the application did not adequately consider the impact of the proposed changes on the employees and the existing agreement. Consequently, the Commission dismissed the application for variation.

The Fair Work Commission's final order was that the application for variation of the Excell Gray Bruni Pty Ltd and the Australian Workers’ Union Agreement 2018 be dismissed, and the existing agreement remain in effect without the proposed changes.

Excell Gray Bruni 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