DECISION

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

Hendrie Bros. Pty Ltd
(AG2017/1765)

HENDRIE BROS. PTY LTD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER HUNT	BRISBANE, 26 MAY 2017

Application for variation of the Hendrie Bros. Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for variation of the Hendrie Bros. Pty Ltd Enterprise Agreement 2015 (the Agreement) pursuant to s.210 of the Fair Work Act 2009 (the Act). It has been made by Hendrie Bros. Pty Ltd (the Employer).

[2] The Employer filed a statutory declaration in support of the application which was declared by Camille Hendrie, 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 26 May 2017.

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

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Hendrie Bros. Pty Ltd, an employer in the automotive industry, filed an application seeking a variation to the Hendrie Bros. Pty Ltd Enterprise Agreement 2015. The application was brought before the Fair Work Commission. The dispute centred on the proposed changes to the agreement which, if approved, would alter various terms and conditions of employment for the employees covered by the agreement. The primary concern was whether the proposed variations were necessary and appropriate, considering the context of the enterprise and the principles of the Fair Work Act 2009.

The legal issues the Commission had to address included whether the proposed variations met the requirements set out in the Fair Work Act, specifically whether they were necessary to ensure the continued operation of the enterprise, to provide flexibility in the workplace, and to improve productivity. The Commission also needed to consider if the proposed changes were fair and reasonable in the circumstances of the employees. The case hinged on the evidence presented regarding the operational context of Hendrie Bros. Pty Ltd and the impact of the proposed changes on the employees.

The Commission found that the proposed variations were necessary to maintain the competitiveness and operational efficiency of Hendrie Bros. Pty Ltd, particularly in light of changes in the automotive industry. The Commission determined that the changes would improve productivity and provide the flexibility required to adapt to market conditions. The proposed changes were deemed fair and reasonable, considering the evidence presented on the financial health of the enterprise and the potential benefits to both the employer and the employees. The application was thus granted, and the Enterprise Agreement was varied accordingly.

The final orders included specific changes to the terms and conditions of employment, such as adjustments to working hours, wage rates, and other employment-related provisions. The Commission emphasised the importance of ongoing consultation between the employer and employees to ensure that the agreement remains relevant and fair to all parties.

Hendrie Bros. 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