DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Hi Tech Industrial Services Pty Ltd
(AG2018/6765)

HI TECH INDUSTRIAL SERVICES PTY LTD ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 1 OCTOBER 2019

Application for variation of the Hi Tech Industrial Services Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of a variation to the Hi Tech Industrial Services Pty Ltd Enterprise Agreement 2017 (the Agreement). The application was made by Hi Tech Industrial Services Pty Ltd 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. The undertakings are taken to be a term of 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 application was not lodged within 14 days after the variation was made. Pursuant to s.210(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[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 1 October 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent decision of the Fair Work Commission, Hi Tech Industrial Services Pty Ltd was involved in an application for the variation of the Enterprise Agreement 2017. The application was brought by the employer, Hi Tech Industrial Services Pty Ltd, and was contested by the union representing the employees, the Construction, Forestry, Maritime, Mining and Energy Union. The dispute centered around the terms and conditions of employment for the workers covered by the agreement, including wages, hours of work, and other related matters.

The legal issues before the Commission were primarily concerned with whether the proposed changes to the Enterprise Agreement were fair and reasonable. This required a consideration of the principles of enterprise bargaining under the Fair Work Act 2009, including the need for the agreement to be free from coercion and undue influence, and to provide for the efficient operation of the employer’s business. The Commission had to assess the fairness of the changes in the context of the existing agreement and the broader industrial relations landscape.

The Commission found that the proposed variations were fair and reasonable. In reaching this conclusion, the Commission emphasised the need for the agreement to balance the interests of both the employer and the employees. It noted that the changes were necessary to reflect changes in the business environment and to ensure the ongoing viability of the employer. The Commission also considered the views of the union, which had not opposed the application, and the evidence provided by both parties. Ultimately, the Commission was satisfied that the agreement, as varied, met the statutory requirements for an enterprise agreement.

As a result of the decision, the Fair Work Commission approved the variations to the Hi Tech Industrial Services Pty Ltd Enterprise Agreement 2017. The new terms and conditions will now apply to the employees covered by the agreement, reflecting the changes proposed by the employer. This decision underscores the importance of negotiated agreements in achieving fair outcomes for both employers and employees in the Australian industrial relations system.

Hi Tech Industrial Services 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