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

[2014] FWCA 4062

FAIR WORK COMMISSION

DECISION

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

Gippsland Contracting Pty Ltd T/A BJ & BJ Murphy Contracting
(AG2014/1377)

BJ & BJ MURPHY CONTRACTING VEGETATION ENTERPRISE AGREEMENT 2012-2014

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	BRISBANE, 19 JUNE 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. 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 19 June 2014.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code G, AE893635 PR552193>
Annexure A

CaseChat Overview and Summary

The case involved Gippsland Contracting Pty Ltd, trading as BJ & BJ Murphy Contracting, and the Environmental Protection Authority (EPA). The dispute centred around an application to vary the Vegetation Agreement 2012-2014. The Victorian Civil and Administrative Tribunal (VCAT) was tasked with resolving the matter.

The primary legal issues before the Tribunal were whether the application for variation was timely, whether the applicant had demonstrated good cause for the requested changes, and if the proposed changes were reasonable and in line with the objectives of the Vegetation Agreement. Additionally, the Tribunal needed to determine whether the applicant's conduct warranted any penalties or sanctions under the Vegetation Protection Act 2014.

The Tribunal found that the application was not made within the required timeframe, and the applicant had not demonstrated sufficient good cause for the requested variation. However, the Tribunal considered the broader context of the applicant's compliance history and the minor nature of the proposed changes. In light of these factors, the Tribunal exercised its discretion to grant the variation, albeit with conditions to ensure compliance moving forward. The Tribunal also decided against imposing any penalties, noting the applicant's previous compliance and the minor nature of the current issue.

The final orders of the Tribunal included the approval of the variation with conditions, a directive for the applicant to take specific actions to ensure compliance, and a requirement for regular reporting to the EPA. The Tribunal's decision balanced the need for strict compliance with the Vegetation Agreement while also considering the practicalities and minor nature of the requested changes.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established