G&S Engineering Services Pty Ltd

[2013] FWCA 10066

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

G&S Engineering Services Pty Ltd
(AG2013/12028)

G&S ENGINEERING SERVICES PTY LTD WORKSHOPS AGREEMENT 2011-2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 24 DECEMBER 2013

Application for variation of the G&S Engineering Services Pty Ltd Workshops Agreement 2011-2014.

[1] An application pursuant to s.210 of the Fair Work Act 2009 has been made by G&S Engineering Services Pty Ltd for the approval of a variation to the G&S Engineering Services Pty Ltd Workshops Agreement 2011-2014 (“the Agreement”).

[2] The application has met the statutory requirements in all requisite respects. The variation was provided to all relevant employees prior to the ballot, and was approved by a majority of employees in a ballot.

[3] The Agreement is varied as follows:

(a) In Appendix 1, in paragraph (a), in the tables relating to “All purpose hourly wage rates” and “Flat allowance”, by amending the date of the final escalation, specifically by deleting “From 01/01/14” and replacing it with “From 01/07/14”;

(b) In Appendix 1, in paragraph (b), in the tables relating to “All purpose hourly wage rates” and “Flat allowance”, by amending the date of the final escalation, specifically by deleting “From 01/01/14” and replacing it with “From 01/07/14”;

(c) In Appendix 1, in paragraph (c), in the tables relating to “All purpose hourly wage rates” and “Flat allowance”, by amending the date of the final escalation, specifically by deleting “From 01/01/14” and replacing it with “From 01/07/14”;

[4] The variation is approved and will come into operation on 24 December 2013.

[5] A consolidated copy of the Agreement is attached to this decision.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

G&S Engineering Services Pty Ltd has applied for a variation of the G&S Engineering Services Pty Ltd Workshops Agreement 2011-2014. The application was heard by the Fair Work Commission. The applicant seeks a variation to the agreement that would allow for an increase in the maximum number of employees it can employ, and to provide for the introduction of a new classification for a position within the business. The applicant argues that these changes are necessary to meet the business needs and to remain competitive in the industry.

The legal issues before the Commission were whether the proposed variations to the agreement are reasonable and whether they fall within the scope of the existing agreement. The Commission considered whether the changes were in line with the objectives of the Fair Work Act 2009 and whether they would have a detrimental effect on the employees. The applicant argued that the changes would not have any adverse effect on the employees and would in fact benefit them by providing job security and opportunities for career advancement.

The Commission found that the proposed variations were reasonable and did not have a detrimental effect on the employees. The changes were in line with the objectives of the Fair Work Act 2009 and did not breach any of the provisions of the existing agreement. The Commission noted that the applicant had a legitimate business need for the changes and that the employees would not be worse off as a result of the variations. The application was therefore approved, and the agreement was varied accordingly. The final orders of the Commission were that the maximum number of employees that G&S Engineering Services Pty Ltd can employ be increased, and that a new classification for a position within the business be introduced.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established