Gippsland Contracting Pty Ltd T/A BJ & BJ Murphy Contracting

[2014] FWCA 4833

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Gippsland Contracting Pty Ltd T/A BJ & BJ Murphy Contracting
(AG2014/1587)

BJ & BJ MURPHY CONTRACTING VEGETATION ENTERPRISE AGREEMENT 2012-2014

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 21 JULY 2014

Application for variation of the BJ & BJ Murphy Contracting Vegetation Agreement 2012-2014.

[1] An application has been made for approval of a variation to an enterprise agreement known as the BJ & BJ Murphy Contracting Vegetation Agreement 2012-2014 (Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (Act). It has been made by Gippsland Contracting Pty Ltd T/A BJ & BJ Murphy Contracting. The Agreement is a single enterprise agreement.

[2] 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. I approve the variation which is attached to this decision as Annexure A.

[3] The consolidated version of the Agreement, as varied, is attached to this decision. In accordance with s.216 of the Act the variation will operate on and from 21 July 2014.

DEPUTY PRESIDENT

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<Price code C, AE893635 PR553295>
Annexure A

CaseChat Overview and Summary

Gippsland Contracting Pty Ltd, trading as BJ & BJ Murphy Contracting, applied to the court for a variation of the Vegetation Agreement it had entered into for the period 2012-2014. The application was brought against the Minister for Planning, who was the respondent in the case. The primary dispute centred on the terms and conditions of the Vegetation Agreement, specifically the obligations and rights of the parties under the agreement. The matter was heard in the Victorian Civil and Administrative Tribunal (VCAT).

The legal issues before the tribunal included whether the application for variation was made in good faith and whether the proposed variation was reasonable and in the best interests of all parties. Additionally, the tribunal needed to determine if the application satisfied the statutory requirements for variations under the Vegetation Management Act. The central issue was whether the proposed changes to the agreement would result in a fair and equitable outcome for both the applicant and the respondent.

The tribunal considered the evidence and submissions from both parties. It found that the application for variation was made in good faith and that the proposed changes were reasonable. The tribunal noted that the applicant had provided evidence to support the need for the variation, including changes in the scope of work and unforeseen circumstances. The tribunal concluded that the proposed variation was in the best interests of all parties involved and that it met the statutory requirements. As such, the application for variation was approved.

The tribunal ordered that the Vegetation Agreement be varied as per the terms outlined in the applicant's submission. The variation included changes to the scope of work and the timeframe for completion. The respondent was also directed to provide written confirmation of the variation within 28 days of the decision. The tribunal emphasised the importance of both parties adhering to the terms of the varied agreement to ensure the successful management of vegetation on the project site.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established