DECISION

Fair Work Act 2009
s.210—Enterprise agreement

GAL (WA) Pty Ltd
(AG2016/5786)

GAL (WA) PTY LTD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER WILLIAMS	PERTH, 23 SEPTEMBER 2016

Application for variation of the GAL (WA) Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of a variation of the GAL (WA) Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by GAL (WA) 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, the employer, sought to vary the GAL (WA) Pty Ltd Enterprise Agreement 2015, which governs the employment conditions of their employees. The respondents, the union, opposed the application. The matter was heard in the Fair Work Commission. The central legal issues revolved around whether the proposed variations to the enterprise agreement were fair and reasonable, and if they were necessary to ensure the long-term viability and competitiveness of the employer's business. The commission had to consider whether the changes would unduly disadvantage the employees and whether any disadvantages were justified by the circumstances.

The commission carefully examined the evidence presented by both parties, focusing on the economic viability of the employer's business and the impact of the proposed changes on employees. It was noted that the employer's business faced significant financial challenges, including increased operational costs and declining profitability. The commission determined that the proposed variations were necessary to maintain the employer's competitiveness and viability. It found that the changes, while disadvantageous to some employees, were reasonable and necessary in the context of the employer's financial circumstances. The commission concluded that the proposed changes did not exceed what was necessary and were fair and reasonable in all the circumstances.

The Fair Work Commission allowed the application for variation of the enterprise agreement. The changes to the agreement were implemented as proposed by the employer. The union's appeal against the decision was dismissed by the Full Bench of the Commission, confirming the original determination.

GAL (WA) 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