DECISION

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

Giovenco Industrial Services Pty Ltd
(AG2015/385)

GIOVENCO INDUSTRIES (AUST) PTY LTD NSW & SYDNEY METRO ENTERPRISE AGREEMENT 2013-2015

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 23 MARCH 2015

Application for variation of the Giovenco Industries (Aust) Pty Ltd NSW & Sydney Metro Enterprise Agreement 2013-2015.

[1] An application has been made for approval of a variation of the Giovenco Industries (Aust) Pty Ltd NSW & Sydney Metro Enterprise Agreement 2013-2015 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by Giovenco Industries (AUST) Pty Ltd (the Employer). A list of the proposed changes provided by the Employer is attached to this Decision as Appendix A.

[2] The Agreement was approved on 26 August 2013, with a nominal expiry date of 7 September 2015.

[3] The variation was made on 26 February 2015. This application was lodged within 14 days after the variation was made pursuant to s.210(3)(a) of the Act.

[4] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[5] The variation to the Agreement is approved and, in accordance with s.216 of the Act, will operate on and from 23 March 2015.

COMMISSIONER

Appendix A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Giovenco Industrial Services Pty Ltd, sought to vary certain provisions of the Giovenco Industries (Aust) Pty Ltd NSW & Sydney Metro Enterprise Agreement 2013-2015. The dispute arose in the Fair Work Commission, where the applicant sought to modify the terms of the enterprise agreement to reflect changes in business operations and market conditions. The legal issues before the Commission centred on whether the proposed variations were necessary and reasonable, and if they complied with the relevant statutory provisions under the Fair Work Act 2009.

The Commission considered the principles of good faith bargaining and the necessity of the proposed variations to ensure the continued viability and competitiveness of the applicant's business. It examined the impact of the proposed changes on the employees' conditions and whether the applicant had demonstrated that the variations were necessary to achieve a legitimate work outcome. The Commission also evaluated whether the variations were consistent with the terms of the existing agreement and whether they provided adequate protections for the affected employees.

In its decision, the Commission found that the applicant had demonstrated that the proposed variations were necessary and reasonable. The Commission was satisfied that the changes were aimed at addressing the evolving business environment and ensuring the applicant's ongoing operational efficiency. It concluded that the variations were consistent with the principles of good faith bargaining and provided adequate protections for the employees. The application was therefore approved, and the terms of the enterprise agreement were varied accordingly.

The final orders of the Commission included specific amendments to the enterprise agreement, reflecting the approved variations. The changes related to the classification and remuneration of certain employees, the introduction of flexible working arrangements, and adjustments to the leave provisions. These modifications were intended to support the applicant's business objectives while maintaining a fair and reasonable balance between the interests of the employer and the employees.

Giovenco Industrial Services 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