GM Scott Pty Ltd

[2014] FWCA 4490

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

GM Scott Pty Ltd
(AG2014/1617)

G M SCOTT PTY LTD ENTERPRISE AGREEMENT 2012

Meat Industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 8 JULY 2014

Application for variation of the G M Scott Pty Ltd Enterprise Agreement 2012.

[1] An application has been made by GM Scott Pty Ltd (the Applicant) to vary the G M Scott Pty Ltd Enterprise Agreement 2012 (the Agreement) pursuant to s.217 of the Fair Work Act 2009 (the Act).

[2] The variation can be found at Attachment 1 to this decision.

[3] The Australasian Meat Industry Employees’ Union is covered by the Agreement. I note that it does not oppose the application.

[4] I am satisfied that the relevant legislative requirements have been met. The application is granted. A consolidated agreement containing the variation is published with this decision. The variation operates from 8 July 2014.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Attachment 1 Variation

CaseChat Overview and Summary

GM Scott Pty Ltd, an employer, made an application to the Fair Work Commission for a variation to the G M Scott Pty Ltd Enterprise Agreement 2012. The applicant sought to reduce the number of employees who were covered by the agreement, which would have resulted in changes to the terms and conditions of employment for those employees. The applicants argued that the changes were necessary due to significant financial difficulties experienced by the company. The matter was heard by the Fair Work Commission.

The central legal issues before the Commission were whether the applicant had demonstrated that the proposed changes were necessary due to financial hardship and whether the changes were in accordance with the relevant provisions of the Fair Work Act 2009. The Commission had to consider the evidence presented by the parties and determine whether the changes proposed were reasonable and justifiable in the circumstances. The Commission also had to consider the potential impact of the changes on the employees who would be affected.

The Fair Work Commission found that the applicant had not demonstrated that the proposed changes were necessary due to financial hardship. The Commission found that the applicant had not provided sufficient evidence to support its claim of financial hardship and that the proposed changes were not reasonable or justifiable. The Commission also found that the changes would have a significant negative impact on the employees who would be affected. As a result, the Commission rejected the application for a variation to the Enterprise Agreement.

The Fair Work Commission made an order that the application for a variation to the G M Scott Pty Ltd Enterprise Agreement 2012 be dismissed. The Commission found that the applicant had not met its burden of proof and that the proposed changes were not reasonable or justifiable. The Commission also found that the changes would have a significant negative impact on the employees who would be affected. The Commission's decision was based on the evidence presented and the relevant provisions of the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established