DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Greystone Civil Pty Ltd
(AG2018/1504)

GREYSTONE CIVIL PTY LTD ENTERPRISE AGREEMENT 2015-2019

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 2 AUGUST 2018

Application for variation of the Greystone Civil Pty Ltd Enterprise Agreement 2015-2019.

[1] An application has been made for approval of a variation to the Greystone Civil Pty Ltd Enterprise Agreement 2015-2019 (the Agreement). The application was made by Greystone Civil 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 2 August 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Greystone Civil Pty Ltd applied to the Fair Work Commission for a variation of the Greystone Civil Pty Ltd Enterprise Agreement 2015-2019. The application was brought by the employer, Greystone Civil Pty Ltd, seeking to alter certain provisions of the enterprise agreement that governs the employment terms of its employees. The dispute centred on the employer's request to amend the agreement to better align with changes in the industry landscape and operational requirements. The legal issues before the Commission were whether the proposed variations were consistent with the requirements of the Fair Work Act 2009 and whether they were in the interests of the employees and the employer.

The Commission examined the application in light of the statutory criteria set out in the Fair Work Act 2009. It considered the necessity for the variations, the fairness of the changes to the employees, and whether there was genuine agreement between the parties. The Commission determined that the proposed changes were necessary to reflect the evolving business environment and operational demands. It found that the changes were fair and reasonable, taking into account the interests of both the employer and the employees. The Commission also concluded that there was genuine agreement between the parties as evidenced by the submissions and the process followed in reaching the proposed variations. Therefore, the application for variation was approved.

The Fair Work Commission approved the variation of the enterprise agreement, allowing the employer to implement the proposed changes. The decision was made in accordance with the statutory framework provided by the Fair Work Act 2009, ensuring that the variation met the necessary criteria for necessity, fairness, and genuine agreement. The Commission's approval was based on a careful consideration of the evidence and submissions presented by both parties. This outcome reflects the Commission's role in facilitating fair and reasonable industrial relations practices within the Australian workplace.

Greystone Civil 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