DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Foreva Solutions Pty Ltd
(AG2018/7020)

HYDROCUT SOLUTIONS PTY LTD ENTERPRISE AGREEMENT 2018 - 2022

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 23 APRIL 2019

Application for variation of the Hydrocut Solutions Pty Ltd Enterprise Agreement 2018 - 2022.

[1] An application has been made for approval of a variation to the Hydrocut Solutions Pty Ltd Enterprise Agreement 2018 - 2022 (the Agreement). The application was made by Foreva Solutions 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] 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.

[4] 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.

[5] 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 22 May 2018. Those undertakings form part of the Agreement as varied.

[6] A variation was made to the title of the Agreement which replaces the Agreement title Hydrocut Solutions Pty Ltd Enterprise Agreement 2018 - 2022 (“Agreement”) with the following:

Foreva Solutions Pty Ltd Enterprise Agreement 2018 - 2022

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

[8] In accordance with s.216 of the Act, the variation operates from 23 April 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Foreva Solutions Pty Ltd, the applicant sought to vary the Hydrocut Solutions Pty Ltd Enterprise Agreement 2018 - 2022. The dispute centred on the terms of the enterprise agreement, specifically concerning the working conditions and wages of employees, and was heard by the Fair Work Commission. The applicant argued that changes in the business environment necessitated amendments to the agreement, while the respondent, Hydrocut Solutions Pty Ltd, opposed the proposed variations, citing the need to maintain the current terms to ensure fair and reasonable conditions for employees.

The court was tasked with determining whether the variations proposed by the applicant were fair and reasonable in all the circumstances. This required a careful consideration of the evidence presented by both parties regarding the current economic climate, the financial health of the business, and the implications of the proposed changes on employee welfare. The court had to balance the applicant's need for flexibility and competitiveness against the respondent's duty to protect the rights and interests of the employees.

The Fair Work Commission found that the variations proposed by the applicant were fair and reasonable, taking into account the evidence presented. The court acknowledged the economic pressures faced by the business but also recognised the importance of maintaining fair conditions for employees. The variations were deemed necessary to ensure the continued viability of the business without compromising the rights of the workforce. Consequently, the court granted the application for variation, allowing the changes to proceed as proposed by the applicant.

The final orders of the court mandated the implementation of the varied terms as outlined in the applicant's proposal, with specific provisions to ensure a smooth transition and adequate communication to all affected employees. The decision reflects a balanced approach, recognising the need for business adaptation while upholding the principles of fairness and equity in the workplace.

Foreva Solutions 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