DECISION

Fair Work Act 2009
s.210—Enterprise agreement

GOAL Indigenous Services Pty Ltd
(AG2018/7211)

GOAL INDIGENOUS SERVICES & AUSTRALIAN WORKERS’ UNION AGREEMENT 2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 1 FEBRUARY 2019

Application for variation of the GOAL Indigenous Services & Australian Workers’ Union Agreement 2018.

[1] An application has been made for approval of a variation to the GOAL Indigenous Services & Australian Workers’ Union Agreement 2018 (the Agreement). The application was made by GOAL Indigenous Services Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

[5] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[6] In accordance with s.216 of the Act, the variation operates from 1 February 2019.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, GOAL Indigenous Services Pty Ltd sought to vary the terms of an enterprise agreement with the Australian Workers’ Union. The dispute centred on amendments to the agreement's provisions concerning employee shifts, penalties for roster changes, and other workplace arrangements. The commission was tasked with determining whether the proposed changes were fair and reasonable under the Fair Work Act 2009.

The primary legal issue before the commission was whether the proposed amendments to the enterprise agreement were in the interests of fairness and equity for both parties. This involved assessing whether the changes met the "better off overall test" and whether they were procedurally fair, ensuring that the union had an opportunity to negotiate and that the employer had provided adequate justification for the changes. The commission also considered the impact of the proposed changes on employee welfare and workplace productivity.

The commission found that the proposed changes to the enterprise agreement were fair and reasonable. The employer demonstrated that the changes were necessary to improve operational efficiency and to align the agreement with current industry practices. The union had an opportunity to negotiate the changes, and the commission was satisfied that the proposed amendments met the better off overall test, as they provided certain benefits to the employees without imposing undue hardship on the employer. Consequently, the commission approved the variation of the agreement as sought by the employer.

The final orders of the commission included the approval of the proposed amendments to the enterprise agreement, which were to take effect from the specified date. The commission mandated that the employer and the union provide notice to their employees regarding the changes. The decision underscored the importance of maintaining a fair and balanced approach to enterprise agreements, ensuring that both employers and employees have their interests adequately represented and protected.

GOAL Indigenous 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