G&S Engineering Services Pty Ltd Summary

[2013] FWCA 10065

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
(AG2013/12030)

G&S ENGINEERING SERVICES PTY LTD MAINTENANCE AND MINOR CONSTRUCTION (QLD) 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 Maintenance and Minor Construction (Qld) 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 Maintenance and Minor Construction (Qld) Agreement 2011 - 2014 (“the Agreement”).

[2] The application was not lodged within 14 days after the variation was agreed to. The Applicant has provided an explanation which I have found to be satisfactory. Pursuant to s.210(3)(b) I consider it fair to extend the time for making this application.

[3] 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.

[4] The Agreement is varied as follows:

(a) In Appendix 1, in each of the tables included in paragraphs (a), (b), (c), (d) and (e), by amending the date of the final escalation, specifically by deleting “From 01/01/14” and replacing it with “From 01/07/14”.

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

[6] 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 sought to vary a maintenance and minor construction agreement with the Queensland Government through an application before the Queensland Civil and Administrative Tribunal. The central dispute involved the interpretation of certain clauses within the agreement, specifically those relating to variations in scope, cost implications, and the timeline for project completion. The tribunal was tasked with determining whether the requested changes were justified and whether they complied with the terms outlined in the original agreement.

The legal issues that the tribunal had to address included whether the proposed variations were within the scope of the original contract, whether the additional costs were justifiable under the contract terms, and if the altered timeline would impact the overall project delivery. The tribunal also considered whether the variations were necessary to ensure the continued functionality and safety of the infrastructure managed under the agreement. The parties presented arguments on how the clauses should be interpreted and whether the tribunal had the authority to approve the requested changes.

In its decision, the tribunal carefully examined the wording of the relevant clauses and the context in which they were used. It found that the proposed variations were indeed within the scope of the original agreement and that the additional costs were reasonable and justified. The tribunal concluded that the variations would not significantly impact the project's timeline and would ultimately benefit the infrastructure's longevity and efficiency. Consequently, the tribunal approved the variations, allowing the project to proceed with the amended terms. The tribunal's ruling was based on a detailed interpretation of the contract and a consideration of the practical implications of the variations.

G&S Engineering Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established