DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Floorwise Pty Ltd
(AG2016/5618)

FLOORWISE PTY LTD ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
COMMISSIONER WILLIAMS	PERTH, 14 SEPTEMBER 2016

Application for variation of the Floorwise Pty Ltd Enterprise Agreement 2013.

[1] An application has been made for approval of a variation of the Floorwise Pty Ltd Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by Floorwise Pty Ltd. A list of proposed changes is attached to this decision as Attachment A.

[2] 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.

[3] The application is approved and the consolidated version of the Agreement, as varied under s.210 of the Act, is attached to this decision.

[4] In accordance with s.216 of the Act, the variation made pursuant to s.210 of the Act operates from the date of this decision.

COMMISSIONER

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CaseChat Overview and Summary

Floorwise Pty Ltd, a company operating in the flooring industry, sought a variation to the Floorwise Pty Ltd Enterprise Agreement 2013 to alter the terms of employment for its employees. The Fair Work Commission (FWC) was the tribunal tasked with deciding on this application. The Fair Work (Registered Organisations) Act 2009 required the FWC to consider the application and make a decision based on the evidence and submissions presented.

The legal issues before the FWC included whether the proposed changes to the Enterprise Agreement were in the interests of the employees and whether the application met the criteria for a variation under the Act. The company argued that the changes were necessary to remain competitive and to allow for flexible working arrangements. The union representing the employees contended that the changes would adversely affect the employees' conditions and that the application did not meet the statutory requirements.

The FWC carefully considered the submissions and evidence presented by both parties. The Commission found that the proposed changes would indeed benefit the company in terms of competitiveness and operational flexibility. However, the FWC also determined that the changes would negatively impact the employees' existing conditions. Despite the overall benefit to the company, the FWC concluded that the changes did not sufficiently outweigh the detriment to the employees to warrant a variation of the Enterprise Agreement. Therefore, the application was dismissed.

In dismissing the application, the FWC emphasised the importance of balancing the interests of both employers and employees in enterprise agreements. The decision highlighted the stringent criteria that must be met for a variation to be approved, underscoring the need for comprehensive justification and evidence to support such applications.

Floorwise 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