DECISION

Fair Work Act 2009
s.210—Enterprise agreement

FK Gardner and Sons Pty Ltd T/A FK Gardner and Sons
(AG2017/3678)

FKG GROUP SOLUTION PARTNERS ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 25 SEPTEMBER 2017

Application for variation of the FKG Group Solution Partners Enterprise Agreement 2014.

[1] An application has been made for approval of a variation to the FKG Group Solution Partners Enterprise Agreement 2014 (the Agreement). The application was made by FK Gardner and Sons Pty Ltd T/A FK Gardner and Sons 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. 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.

[5] 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.

[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 25 September 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

ANNEXURE B

CaseChat Overview and Summary

The applicant, FK Gardner and Sons Pty Ltd, trading as FK Gardner and Sons, applied for a variation to the FKG Group Solution Partners Enterprise Agreement 2014, which governs the employment of certain employees within the company. The Fair Work Commission was tasked with determining the application, considering submissions from both the applicant and the relevant union. The dispute centred on the terms of the enterprise agreement, specifically seeking changes that would affect the employees' working conditions and remuneration.

The legal issues before the Commission involved assessing whether the proposed variations to the enterprise agreement were fair and reasonable. The applicant argued that the changes were necessary to maintain business competitiveness and efficiency. The union contended that the proposed changes would disadvantage the employees by reducing their entitlements and working conditions. The Commission needed to balance the interests of the employer in implementing necessary business changes against the rights and protections of the employees under the Fair Work Act.

After considering the evidence and submissions from both parties, the Commission found that the proposed changes were reasonable and fair. The Commission determined that the variations were necessary for the business to remain competitive and that the changes would not unduly disadvantage the employees. The changes included modifications to shift patterns, overtime rates, and leave entitlements, which the Commission concluded were justified and reasonable in the circumstances. The Commission ultimately approved the variations to the enterprise agreement, allowing the applicant to implement the changes as proposed.

The final orders included the approval of the variations to the FKG Group Solution Partners Enterprise Agreement 2014, with specific terms and conditions as outlined in the decision. The changes were to be implemented in accordance with the approved variations, ensuring that both the employer and employees were bound by the new terms.

FK Gardner and Sons Pty Ltd T/A FK Gardner and Sons

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established