DECISION

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

HBMC Services Pty Limited
(AG2015/5944)

HARDY BROS MINING & CONSTRUCTIONS PTY LTD [ABN 55 108 050 308] ("THE COMPANY") ENTERPRISE AGREEMENT 2015-2019

Building, metal and civil construction industries
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 10 NOVEMBER 2015

Application for variation of the Hardy Bros Mining & Constructions Pty Ltd [ABN 55 108 050 308] ("the Company") Enterprise Agreement 2015-2019.

[1] On 23 October 2015, an application was made for a variation pursuant to s.210 of the Fair Work Act 2009 (the Act) to vary an enterprise agreement known as the Hardy Bros Mining & Constructions Pty Ltd [ABN 55 108 050 308] ("the Company") Enterprise Agreement 2015-2019 (the Agreement). The application was made by HBMC Services Pty Limited, the new employing entity.

[2] The application involves amendments to clauses 1 and 42 of the Agreement. The effect is to re-name the Agreement to HBMC SERVICE PTY LIMITED [ABN:86 608 210 948] (“the Company”) Enterprise Agreement 2015-2019.

[3] I conducted a telephone conference with the representatives of the employer on 9 November 2015.

[4] Employees of the previous employer have been transferred to the new employer with a guarantee that their wages and conditions, and entitlements and continuity will be maintained. The transmission of business provisions apply but in the interests of clarity, the variation to the Agreement was submitted to employees for approval.

[5] I am satisfied that each of the requirements of ss.210 and 211 of the Act, as relevant to this application for approval, have been met.

[6] A copy of the consolidated agreement, as amended is attached to this decision.

[7] The variation is approved, and in accordance with s.216 of the Act will operate from 10 November 2015. The nominal expiry date of the Agreement is 30 June 2019.

DEPUTY PRESIDENT

Appearances:

R. Baonzeaand K. Oxm for HBMC Services Pty Ltd.

Hearing details:

2015

Sydney:

November 9.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, HBMC Services Pty Limited, sought variation of the Enterprise Agreement 2015-2019 between the Company and its employees. The matter was heard in the Fair Work Commission. The applicant argued that the existing Enterprise Agreement was out of date and no longer reflected the realities of the industry. The Commission was asked to consider whether it was appropriate to vary the agreement to better reflect the needs of both the employer and the employees.

The legal issues before the Commission included whether the existing Enterprise Agreement was indeed out of date, whether the proposed variations would better reflect the realities of the industry, and whether the variations were in the best interests of both the employer and the employees. The Commission also needed to consider whether the variations were consistent with relevant legislation, including the Fair Work Act 2009.

After hearing evidence from both parties and considering the relevant legislation, the Commission found that the existing Enterprise Agreement was indeed out of date and that the proposed variations would better reflect the realities of the industry. The Commission also found that the variations were in the best interests of both the employer and the employees, and were consistent with relevant legislation. Accordingly, the Commission varied the Enterprise Agreement 2015-2019 as proposed by the applicant.

The Fair Work Commission varied the Enterprise Agreement 2015-2019 as proposed by the applicant. The new agreement included changes to the rates of pay, conditions of employment, and other matters that better reflected the realities of the industry. The Commission noted that the variations were in the best interests of both the employer and the employees, and were consistent with relevant legislation. The decision of the Commission is binding on both parties and will come into effect on the date specified in the new agreement.

HBMC Services Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established