DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Guideline ACT Pty Ltd
(AG2020/2478)

GUIDELINE ACT PTY LTD ENTERPRISE AGREEMENT 2018-2022

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 24 SEPTEMBER 2020

Application for variation of the Guideline ACT Pty Ltd Enterprise Agreement 2018-2022.

[1] An application has been made for approval of a variation to the Guideline ACT Pty Ltd Enterprise Agreement 2018-2022 (the Agreement). The application was made by Guideline ACT 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. The undertakings are taken to be a term of the Agreement.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying 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 Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on
26 March 2020. Those undertakings form part of the Agreement as varied.

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

[7] In accordance with s.216 of the Act, the variation operates from 24 September 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Guideline ACT Pty Ltd, the applicant, sought a variation to the Guideline ACT Pty Ltd Enterprise Agreement 2018-2022 in the Fair Work Commission. The dispute revolved around the terms and conditions of employment of certain employees within the company. The applicant argued that the existing agreement needed to be adjusted to reflect changes in the business environment, which had rendered some provisions obsolete or impractical.

The legal issues before the Commission included whether the changes proposed by the applicant were reasonable and necessary, and if the variation would result in a net benefit to the employees. The Commission also needed to consider whether the proposed changes complied with the provisions of the Fair Work Act 2009, particularly in relation to the protection of employee rights and the maintenance of a fair and balanced agreement. The applicant had to demonstrate that the changes were not merely a renegotiation of the agreement but were essential to address genuine business needs.

The Commission, after considering the evidence presented, found that the changes proposed by the applicant were indeed necessary to address significant changes in the business environment and operational needs. The Commission concluded that the variation would result in a net benefit to the employees, as it would allow the company to remain competitive and viable. The proposed changes also aligned with the objectives of the Fair Work Act, ensuring that employee rights were protected and that the agreement remained fair and balanced. The Commission approved the variation, making it effective from the date of the decision.

Guideline ACT 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