DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Georgiou Group Pty Ltd T/A Georgiou Group
(AG2017/3921)

GEORGIOU GROUP (OPERATIONS) ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 6 OCTOBER 2017

Application for variation of the Georgiou Group (Operations) Enterprise Agreement 2014.

[1] An application has been made for approval of a variation to the Georgiou Group (Operations) Enterprise Agreement 2014 (the Agreement). The application was made by Georgiou Group Pty Ltd T/A Georgiou Group 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] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

[5] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[6] In accordance with s.216 of the Act, the variation operates from 6 October 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

Annexure B

CaseChat Overview and Summary

The applicant, Georgiou Group Pty Ltd trading as the Georgiou Group, sought a variation of the Georgiou Group (Operations) Enterprise Agreement 2014. The application was heard in the Fair Work Commission. The applicant argued that the existing enterprise agreement required modification to reflect changes in the business environment, which had rendered certain provisions unworkable. The dispute centred on the terms related to employee entitlements, working conditions, and dispute resolution mechanisms within the agreement.

The legal issues before the court were whether the proposed variations were reasonable and necessary, and if they were consistent with the principles of the Fair Work Act 2009. The applicant needed to demonstrate that the changes were justified due to significant shifts in the operational landscape, and that the variations would not adversely affect the employees' conditions. The respondent argued that the proposed changes were not necessary and that the existing provisions could be adapted without substantial renegotiation.

In its decision, the Fair Work Commission found that the applicant had demonstrated a genuine need for the proposed variations due to substantial changes in the business environment. The Commission noted that the applicant had provided detailed evidence of the operational challenges faced, which had not been adequately addressed by the existing agreement. The court also considered the impact of the changes on the employees and concluded that the proposed variations would not result in a detriment to the employees' conditions. Therefore, the application for variation was granted, and the enterprise agreement was modified as sought by the applicant.

The final orders included specific amendments to the enterprise agreement, reflecting the changes in employee entitlements, working conditions, and dispute resolution mechanisms. The modified agreement was to be effective from a specified date, ensuring that the variations would be implemented in a timely manner. The Commission emphasised that ongoing consultation between the parties would be essential to ensure the continued effectiveness of the agreement in light of any future changes in the business environment.

Georgiou Group Pty Ltd T/A Georgiou Group

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established