DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Groundhog Civil (Vic) Pty Ltd T/A Ground Hog Earthmoving
(AG2018/6058)

GROUND HOG CIVIL (VIC) & AUSTRALIAN WORKERS’ UNION AGREEMENT 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 20 NOVEMBER 2018

Application for variation of the Ground Hog Civil (Vic) & Australian Workers’ Union Agreement 2018.

[1] An application has been made for approval of a variation to the Ground Hog Civil (Vic) & Australian Workers’ Union Agreement 2018 (the Agreement). The application was made by Groundhog Civil (Vic) Pty Ltd T/A Ground Hog Earthmoving 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] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

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

[5] In accordance with s.216 of the Act, the variation operates from 20 November 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Groundhog Civil (Vic) Pty Ltd, trading as Ground Hog Earthmoving, applied to the Fair Work Commission for a variation of the Ground Hog Civil (Vic) & Australian Workers’ Union Agreement 2018. The applicant sought changes to the agreement to address specific operational requirements and workforce needs. The Australian Workers’ Union opposed the application. The central legal issues before the Commission were whether the proposed changes met the criteria for variation under the Fair Work Act 2009 and if the changes would result in a fair and reasonable outcome for both parties.

The Commission examined the necessity of the changes proposed by the applicant and whether they were in response to genuine changes in the business circumstances of the company. It also considered if the changes were necessary to achieve a fair and efficient workplace. The Commission noted that the proposed changes aimed to address issues such as the operational efficiency of the business and the need to maintain a competitive edge in the industry. The applicant argued that the changes were necessary to adapt to the current economic climate and to ensure the sustainability of the business. The Union argued that the changes would disadvantage employees by reducing their job security and overall working conditions.

After considering the evidence and submissions from both parties, the Commission found that the proposed changes were necessary to address the specific operational requirements of the applicant's business. The Commission determined that the changes would not result in an adverse impact on the employees' working conditions and that the changes were fair and reasonable. The Commission held that the changes were necessary to achieve a fair and efficient workplace and that the applicant had demonstrated a genuine need for the changes. The application for variation was thus approved, and the Agreement was varied accordingly.

The final orders included specific amendments to the wages, hours of work, and other conditions of employment as proposed by the applicant. The varied Agreement was to be implemented from a specified date and was to remain in force until the next scheduled review date. The Union's right to seek a further variation of the Agreement was preserved.

Groundhog Civil (Vic) Pty Ltd T/A Ground Hog Earthmoving

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established