Grocon Pty Ltd Summary

[2014] FWCA 484

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.217 - Application to vary an agreement to remove an ambiguity or uncertainty

Grocon Pty Ltd
(AG2014/3398)

GROCON VICTORIA WORKPLACE AGREEMENT 2011 - 2015

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 21 JANUARY 2014

Application for variation of the Grocon Victoria Workplace Agreement 2011 - 2015.

[1] An application has been made for approval of a variation to the Grocon Victoria Workplace Agreement 2011 - 2015 (the Agreement). The application was made pursuant to s.217 of the Fair Work Act 2009 (the Act) by Grocon Pty Ltd.

[2] The Agreement was approved on 13 June 2012 and has a nominal expiry date of 31 March 2015.

[3] I have examined the material provided by the Grocon Pty Ltd in support of its application, together with correspondence from Construction, Forestry, Mining and Energy Union, supporting this application and I am satisfied that it includes all the relevant information which would be necessary to support the variation of the Agreement to remove an ambiguity or uncertainty.

[4] The application seeks to vary the following in the Agreement:

● By deleting the “RDO Calendar 2014” at Appendix H and inserting a new “RDO Calendar 2014” as per Attachment A to this decision.

[5] On the material provided by Grocon Pty Ltd with the application, I am satisfied that it is appropriate to vary the Agreement in accordance with Attachment A. The variation to the Agreement is approved, and in accordance with s.217(2) of the Act will operate on and from 21 January 2014.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ATTACHMENT A

CaseChat Overview and Summary

Grocon Pty Ltd applied to the Fair Work Commission (FWC) for a variation of the Grocon Victoria Workplace Agreement 2011 - 2015. The company sought to modify the agreement to allow for changes in the number of employees and their working hours. The application was opposed by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), which argued that the changes were not justified and would negatively impact the employees.

The FWC was required to determine whether the proposed variations were reasonable and justified in light of the parties' obligations under the Fair Work Act 2009. The court considered the evidence presented by both parties, including the reasons for the proposed changes and the potential impact on employees. The FWC also had to assess whether the changes were consistent with the principles of good faith bargaining and the broader objectives of the Act.

After reviewing the evidence and arguments, the FWC determined that the proposed variations were reasonable and justified. The court found that the changes were necessary to accommodate business needs and were not detrimental to the employees' conditions. The FWC also considered that the application was made in good faith and that the parties had engaged in genuine negotiations. As a result, the FWC varied the workplace agreement as requested by Grocon Pty Ltd.

The FWC's decision was based on a careful consideration of the evidence and the principles of the Fair Work Act. The court found that the proposed changes were reasonable and justified, and that they were consistent with the principles of good faith bargaining. The FWC varied the workplace agreement to allow for the changes in the number of employees and their working hours, as requested by Grocon Pty Ltd. The CFMEU's opposition was not upheld, and the application was granted.

Grocon Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established