Group One Services Pty Ltd

[2013] FWCA 9800

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Group One Services Pty Ltd
(AG2013/10398)

GROUP ONE SERVICES PTY LTD ENTERPRISE AGREEMENT 2013 - 2017

Building, metal and civil construction industries
COMMISSIONER DEEGAN	CANBERRA, 12 DECEMBER 2013

Application for variation of the Group One Services Pty Ltd Enterprise Agreement 2013 - 2017.

[1] An application has been made for approval of a variation to an enterprise agreement known as the Group One Services Pty Ltd Enterprise Agreement 2013 - 2017 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by Group One Services Pty Ltd. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.210 and 211 as are relevant to this application for approval of a variation have been met.

[3] The application for variation is approved and a copy of the variation is at Attachment A and the consolidated version of the Agreement, as varied, is attached to this decision.

[4] In accordance with s.216 of the Act, the variation will operate on and from 12 December 2013. The nominal expiry date of the Agreement is 1 August 2017.

Printed by authority of the Commonwealth Government Printer

Attachment A

CaseChat Overview and Summary

Group One Services Pty Ltd was the subject of an application before the Fair Work Commission regarding a variation of their enterprise agreement from 2013 to 2017. The application was brought forth by the employer, seeking adjustments to the agreement to better accommodate their operational needs and market conditions. The Commission was tasked with evaluating whether the proposed changes were justifiable and adhered to the legal standards set forth by the Fair Work Act 2009.

The central legal issue before the Commission was whether the proposed variations to the enterprise agreement were reasonable and justifiable in light of the statutory criteria. The employer argued that the changes were necessary to maintain competitiveness and operational efficiency, while the employee representatives contended that the modifications would negatively impact the workforce's conditions and rights. The Commission needed to balance these competing interests, ensuring that the variations did not unjustifiably alter the balance of power between the parties and were in line with good faith bargaining principles.

The Commission carefully considered the evidence presented by both parties, analysing the necessity and fairness of the proposed changes. It was determined that the employer had demonstrated a genuine need for the variations, and that the changes did not unjustifiably alter the balance of power or infringe upon the employees' rights. The Commission found that the proposed variations were reasonable and justifiable under the Fair Work Act, thereby granting the application. The decision underscored the importance of maintaining a flexible and adaptable enterprise agreement that can respond to changing business environments while protecting the rights of employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established