DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Group Four Pty Ltd T/A Polizar Services, Construction Services
(AG2015/2619)

GROUP FOUR PTY LTD T/AS POLIZAR SERVICES, CONSTRUCTION SERVICES ENTERPRISE AGREEMENT 2013

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 6 JULY 2015

Application for variation of the Group Four Pty Ltd t/as Polizar Services, Construction Services Enterprise Agreement 2013 - clauses 1.7.1 ; 4.1.1.1 ; 6.7.

[1] An application has been made to vary an enterprise agreement known as the Group Four Pty Ltd t/as Polizar Services, Construction Services Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009. It has been made by Group Four Pty Ltd T/A Polizar Services, Construction Services. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval have been met. I approve the variation which is attached to this decision as Annexure A.

[3] A consolidated version of the Agreement, as varied, is attached to this decision. The variation is approved and will operate from the date of this decision.

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Group Four Pty Ltd, trading as Polizar Services, Construction Services, seeking a variation to the Group Four Pty Ltd t/as Polizar Services, Construction Services Enterprise Agreement 2013. The application sought changes to specific clauses, namely 1.7.1, 4.1.1.1, and 6.7, to accommodate alterations in the business model and operational requirements of the company. The respondent, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), opposed the application on the basis that the proposed changes would negatively impact the employees’ terms and conditions.

The primary legal issue before the Commission was whether the proposed variations to the enterprise agreement were in accordance with the principles of good faith bargaining and the Fair Work Act 2009. The Commission had to determine if the changes were necessary to allow the company to operate effectively in a changed business environment and whether the modifications were fair and reasonable. Additionally, the Commission needed to assess if the application was made in good faith and if the variations would maintain the overall balance of the enterprise agreement.

In its decision, the Commission acknowledged the significant changes in the business model of Group Four Pty Ltd, which justified the need for variations to the enterprise agreement. The Commission found that the proposed changes to clauses 1.7.1, 4.1.1.1, and 6.7 were reasonable and necessary to accommodate the new operational requirements of the company. The Commission also determined that the application was made in good faith and that the modifications would not unduly prejudice the employees. Consequently, the application for variation was approved, with the specific clauses being amended as requested by the applicant.

The final orders of the Commission included the approval of the application for variation of the enterprise agreement, with specific changes to clauses 1.7.1, 4.1.1.1, and 6.7. The decision was made in the interest of maintaining a balanced and fair agreement that accommodates the evolving business needs of Group Four Pty Ltd while protecting the rights and interests of the employees.

Group Four Pty Ltd T/A Polizar Services, Construction Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established