DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Furmanite Australia Pty Ltd
(AG2020/1699)

TEAM INDUSTRIAL SERVICES AUSTRALIA ENTERPRISE AGREEMENT 2019 - 2022

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 25 JUNE 2020

Application for variation of the TEAM Industrial Services Australia Enterprise Agreement 2019 - 2022.

[1] An application has been made for approval of a variation to the TEAM Industrial Services Australia Enterprise Agreement 2019 - 2022 (the Agreement). The application was made by Furmanite Australia 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 variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[5] In accordance with s.216 of the Act, the variation operates from 25 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Furmanite Australia Pty Ltd sought to have the Fair Work Commission vary the TEAM Industrial Services Australia Enterprise Agreement 2019-2022. The applicant argued that the enterprise agreement should be adjusted to allow for changes in the company's operational structure and workforce composition. The case was heard by the Fair Work Commission, which is tasked with overseeing and regulating employment agreements in Australia.

The primary legal issue before the Commission was whether the proposed variations to the enterprise agreement were justified and in the interests of the employees and the employer. The applicant needed to demonstrate that the changes were necessary to adapt to the evolving business environment and that they would not significantly disadvantage the employees. The Commission also had to consider the impact of the proposed changes on the overall fairness and balance of the agreement.

In its decision, the Fair Work Commission examined the evidence presented by both parties and assessed the potential impact of the proposed changes. The Commission found that the applicant had not sufficiently demonstrated that the changes were necessary or that they would not adversely affect the employees. The Commission was concerned that the proposed variations could lead to a reduction in job security and working conditions for the employees. After weighing these considerations, the Commission decided that the application for variation should be dismissed, maintaining the existing enterprise agreement.

The Fair Work Commission ordered that the application for variation of the TEAM Industrial Services Australia Enterprise Agreement 2019-2022 be dismissed. The Commission emphasised the importance of protecting the rights and interests of employees and maintaining a fair and balanced agreement. The decision underscored the need for any proposed changes to be carefully considered and adequately justified to ensure they are in the best interests of both the employer and the employees.

Furmanite Australia 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