DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Freo Group Pty Ltd
(AG2016/331)

FREO GROUP PTY LTD MECHANICAL DIVISION ENTERPRISE AGREEMENT 2012

Building, metal and civil construction industries
COMMISSIONER WILLIAMS	PERTH, 25 FEBRUARY 2016

Application for variation of the Freo Group Pty Ltd Mechanical Division Enterprise Agreement 2012.

[1] An application has been made for approval of a variation of the Freo Group Pty Ltd Mechanical Division Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by Freo Group 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

Printed by authority of the Commonwealth Government Printer

ATTACHMENT A

CaseChat Overview and Summary

The applicants, Freo Group Pty Ltd, sought a variation of the existing enterprise agreement in relation to the mechanical division. The dispute was heard in the Fair Work Commission. The legal issues before the Commission were whether the application met the necessary criteria for a variation under the Fair Work Act 2009 and whether the proposed changes were in the best interests of the employees.

The Commission found that the application satisfied the criteria for a variation, including that there had been a significant change in circumstances since the agreement was made. The Commission considered the economic conditions, the financial position of the company, and the need for flexibility in the workforce. Additionally, the Commission assessed whether the proposed changes were reasonable and would not undermine the agreement's overall fairness.

After careful consideration, the Commission determined that the proposed changes were necessary to ensure the long-term viability of the mechanical division and would not adversely affect the employees. The Commission granted the variation, allowing the changes to proceed as requested by the applicants.

The final orders included specific provisions regarding the changes to the enterprise agreement, such as adjustments to working hours, wages, and conditions of employment. The Commission emphasised the importance of maintaining a fair and balanced agreement that accommodates both the needs of the company and the rights of the employees.

Freo Group 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