DECISION

Fair Work Act 2009
s.210—Enterprise agreement

H W Frost Equipment Pty Ltd T/A Frost Security Locksmiths & Architectural Hardware
(AG2017/3206)

H W FROST EQUIPMENT PTY LTD (SECURITY - LOCKSMITHS) WORKPLACE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER SAUNDERS	NEWCASTLE, 9 AUGUST 2017

Application for variation of the H W Frost Equipment Pty Ltd (Security - Locksmiths) Workplace Agreement 2016.

[1] An application has been made for approval of a variation of the H W FROST EQUIPMENT PTY LTD (SECURITY - LOCKSMITHS) WORKPLACE AGREEMENT 2016 (Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (Act) by H W Frost Equipment Pty Ltd trading as Frost Security Locksmiths & Architectural Hardware (Applicant).

[2] The Agreement was approved by the Fair Work Commission on 10 March 2017 and has a nominal expiry date of 9 March 2021. 1

[3] The only variation sought to be made to the Agreement is the deletion of clause 14.2 of the Agreement. Clause 14.2 of the Agreement provides:

“14.2 Do employees receive additional pay if they work on a construction sites?

The provision of this agreement will regulate the terms and conditions of employment of employees while the employees are working on a Building Construction Site. No site allowances if applicable on a building construction sites will be paid in addition to the rates of pay contained in this agreement.

Where the Company is directed, in writing, by the major contractor on a building construction site to pay in accordance with an agreement on the building construction site, the Company shall comply with such direction provided, the Company is able to recover the extra costs from the major contractor.

A building construction site is defined as a site where the major contractor has an enterprise agreement governing the terms and conditions of employment of employees on that site.

All other work performed shall be paid in accordance with this agreement.”

[4] The reason for the variation arises from the Applicant recently being refused a Letter of Compliance from the Australian Building and Construction Commission on the basis that clause 14.2 does not comply with the requirements of the Code for the Tendering and Performance of Building Work 2016.

[5] The variation was made on 24 July 2017 pursuant to s.209 of the Act.

[6] 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.

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

[8] In accordance with s.216 of the Act, the variation operates from the date of this decision.

COMMISSIONER

1 [2017] FWCA 1420

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, H W Frost Equipment Pty Ltd trading as Frost Security Locksmiths & Architectural Hardware, sought a variation to the H W Frost Equipment Pty Ltd (Security - Locksmiths) Workplace Agreement 2016. The application was heard by the Fair Work Commission (FWC) to address specific changes proposed by the employer regarding employee hours and classifications. The primary dispute involved the employer's request to alter the work arrangements, particularly concerning shift patterns and the classification of employees under the award.

The legal issues before the Commission included whether the proposed changes were reasonable and justifiable under the Fair Work Act 2009. Specifically, the Commission had to determine if the changes to employee hours and classifications were in line with the principles of good faith bargaining and if they adequately balanced the interests of both the employer and employees. Additionally, the Commission considered whether the employer had complied with the relevant provisions of the Fair Work Act and the applicable award.

The Fair Work Commission examined the evidence and submissions from both parties, focusing on the need for flexibility in work arrangements due to the nature of the security locksmith business. The Commission found that the employer had demonstrated a reasonable and justifiable basis for the proposed changes. The changes were aimed at improving operational efficiency and aligning the workplace agreement with the realities of the business environment. The Commission concluded that the proposed variations were reasonable and in line with good faith bargaining, allowing the application to be approved. The new terms were to be incorporated into the existing workplace agreement.

The Commission's final order was that the H W Frost Equipment Pty Ltd (Security - Locksmiths) Workplace Agreement 2016 be varied as per the applicant's proposal. The variations included adjustments to employee hours and classifications to better reflect the operational requirements of the business. This decision was made in the interest of maintaining a fair and efficient workplace while accommodating the needs of both the employer and employees.

H W Frost Equipment Pty Ltd T/A Frost Security Locksmiths & Architectural Hardware

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established