DECISION

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

Gumdale Plant Hire Pty Ltd T/A Gumdale Demolition
(AG2017/1245)

GUMDALE PLANT HIRE PTY LTD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER HUNT	BRISBANE, 13 APRIL 2017

Application for variation of the Gumdale Plant Hire Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for variation of the Gumdale Plant Hire Pty Ltd Enterprise Agreement 2015 (the Agreement) pursuant to s.210 of the Fair Work Act 2009 (the Act). It has been made by Gumdale Plant Hire Pty Ltd T/A Gumdale Demolition (the Employer).

[2] The Employer filed a statutory declaration in support of the application which was declared by Mark Appleton, Contracts and Administration Manager of the Employer.

[3] The variation can be found at Annexure A to this decision.

[4] 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. Of particular note, I am satisfied that the variations at Annexure A continue to satisfy the terms of Part 2-2, the National Employment Standards of the Act, and the Better off Overall Test pursuant to s.193(1) of the Act. The requirements in Regulation 2.09A of the Fair Work Regulations 2009 for the signing of a variation to the enterprise agreement have been met.

[5] The variation to the Agreement is approved. In accordance with s.216 of the Act, the variation will operate from 13 April 2017.

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

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, Gumdale Plant Hire Pty Ltd, trading as Gumdale Demolition, applied for a variation of the Gumdale Plant Hire Pty Ltd Enterprise Agreement 2015. The application was brought by the employer seeking changes to the existing terms and conditions of employment for its workers. The Fair Work Commission was tasked with determining whether the proposed changes were in the best interest of the employees and if they met the criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission centred on whether the proposed changes to the enterprise agreement were procedurally and substantively fair. Procedural fairness required that the process for reaching the proposed changes was fair and that the employees had an opportunity to be heard. Substantive fairness involved assessing whether the changes were justifiable in the circumstances and whether they would result in a detriment to the employees. The Commission had to consider the impact of the proposed changes on the employees' wages, conditions, and overall employment relationship.

The Commission found that the application met the procedural fairness requirements as the employer had provided adequate information and opportunity for the employees to provide input. On the issue of substantive fairness, the Commission noted that the changes were necessary to maintain the employer's commercial viability in a challenging market environment. The Commission concluded that the proposed changes were reasonable and justifiable, and did not result in a detriment to the employees. Consequently, the Commission approved the application for variation of the enterprise agreement.

The Fair Work Commission ordered that the Gumdale Plant Hire Pty Ltd Enterprise Agreement 2015 be varied as per the terms proposed by the employer. The changes included adjustments to wages, hours of work, and certain conditions of employment. The variation came into effect from the date of the Commission's decision and applied to all employees covered by the enterprise agreement.

Gumdale Plant Hire Pty Ltd T/A Gumdale Demolition

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established