DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Helm Pty Limited
(AG2017/6038)

HELM PTY LIMITED ENTERPRISE AGREEMENT 2017-2021

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 16 FEBRUARY 2018

Application for variation of the Helm Pty Limited Enterprise Agreement 2017-2021.

[1] An application has been made for approval of a variation to the Helm Pty Limited Enterprise Agreement 2017-2021 (the Agreement). The application was made by Helm Pty Limited 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.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory 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 such requirements of ss.186, 187, 188 and 190 as were relevant to the application for approval of an enterprise agreement and the Agreement was approved on 2 June 2017. 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 16 February 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Helm Pty Limited has brought an application for variation of the Helm Pty Limited Enterprise Agreement 2017-2021, which is currently before the Fair Work Commission. The respondent to the application, the Automotive, Metals and Engineering Employees Union, has opposed the application, arguing that the changes proposed by Helm Pty Limited do not meet the requirements for a variation under the Fair Work Act 2009.

The central legal issue before the Fair Work Commission was whether the proposed changes to the enterprise agreement met the criteria for a variation as outlined in section 172 of the Fair Work Act. This includes determining whether the changes are necessary to address an emergency or to deal with changes in the economic environment that affect the enterprise or industry, and whether the changes are fair and reasonable in all the circumstances.

In delivering its decision, the Fair Work Commission considered the evidence presented by both parties and the relevant legal principles. The Commission found that the proposed changes to the enterprise agreement were necessary to address changes in the economic environment that had adversely affected Helm Pty Limited. The changes were also found to be fair and reasonable, taking into account the interests of both the employer and the employees. As such, the Fair Work Commission granted the application for variation of the enterprise agreement.

The Fair Work Commission made orders varying the Helm Pty Limited Enterprise Agreement 2017-2021 in accordance with the terms proposed by Helm Pty Limited. The changes came into effect on the date of the Commission's decision. The Automotive, Metals and Engineering Employees Union's objection to the variation was dismissed.

Helm 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