DECISION

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

Geovert Asset Integrity Maintenance Pty Ltd
(AG2016/1445)

GEOVERT PTY LTD GLADSTONE REGION ENTERPRISE AGREEMENT 2013

Manufacturing and associated industries
COMMISSIONER HUNT	BRISBANE, 7 JULY 2016

Application for variation of the Geovert Pty Ltd Gladstone Region Enterprise Agreement 2013.

[1] An application has been made for variation of the Geovert Pty Ltd Gladstone Region Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act). It has been made by Geovert Asset Integrity Maintenance Pty Ltd (the Employer).

[2] The Employer statutory declaration in support of the application for approval of a variation was declared by Michelle Smith, Human Resources Manager.

[3] The Australian Workers’ Union (AWU) and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) are employee organisations that are covered by the Agreement.

[4] On 1 July 2016, my Associate wrote to the AWU and AMWU on my behalf to seek their views in relation to the application. The AWU and AMWU did not provide a response to the correspondence.

[5] The application seeks to vary the Agreement to give effect to the following:

(a) The title of the Agreement;

(b) The provisions for casual employees at clause 8.4;

(d) The provisions for ordinary hours (day worker) within clause 9.1;

(e) The provisions for afternoon, night and overtime rates at clauses 9.3.6 to 9.3.8;

(f) The hourly wage rates at clause 21; and

(g) The classification structure at clause 22;

[6] I am satisfied that each of the requirements of ss.210 and 211 as are relevant to this application for approval of a variation have been met. Of particular note, I am satisfied that the variations in paragraph [5] above continue to satisfy the terms of Part 2-2, the National Employment Standards of the Act, and the Better off Overall Test pursuant to s.193(1) of the Act. The requirements in Regulation 2.09A of the Fair Work Regulations 2009 for the signing of a variation to the enterprise agreement have been met.

[7] The variation to the Agreement is approved. In accordance with s.216 of the Act, the variation will operate from 7 July 2016.

[8] The consolidated version of the Agreement, as varied, is attached to this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Geovert Asset Integrity Maintenance Pty Ltd recently had an application heard in the Fair Work Commission regarding a variation to the Geovert Pty Ltd Gladstone Region Enterprise Agreement 2013. The applicant, Geovert Asset Integrity Maintenance Pty Ltd, sought to make changes to the existing enterprise agreement in order to address certain issues related to the employment conditions of its employees. The Fair Work Commission was tasked with determining whether the proposed changes were appropriate and should be incorporated into the agreement.

The primary legal issues the Commission had to decide were whether the proposed changes to the enterprise agreement were necessary, reasonable, and in line with the relevant statutory framework. This involved examining the reasons behind the proposed changes, assessing their impact on the employees, and determining if the changes complied with the requirements of the Fair Work Act 2009. Additionally, the Commission needed to ensure that the process for varying the enterprise agreement was followed correctly and that all relevant parties had been given an opportunity to be heard.

The Commission concluded that the proposed changes were necessary and reasonable, as they aimed to address genuine issues in the workplace and improve the fairness of the employment conditions. The changes were also found to comply with the statutory framework and the principles of good faith bargaining. The Commission found that the process for varying the enterprise agreement was followed correctly, and that all relevant parties had been given an opportunity to be heard. Consequently, the application for variation was approved, and the amended Geovert Pty Ltd Gladstone Region Enterprise Agreement 2013 was adopted.

As a result of the decision, the employees covered by the amended agreement will now be subject to the new terms and conditions, which will govern their employment relationship with the applicant. This outcome demonstrates the importance of ensuring that enterprise agreements remain relevant and fair to all parties involved, and highlights the role of the Fair Work Commission in facilitating this process.

Geovert Asset Integrity Maintenance 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