DECISION

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

J F Hull Holdings Pty Ltd
(AG2017/1160)

J F HULL HOLDINGS PTY LTD ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
COMMISSIONER HUNT	BRISBANE, 6 APRIL 2017

Application for variation of the J F Hull Holdings Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for variation of the J F Hull Holdings Pty Ltd Enterprise Agreement 2017 (the Agreement) pursuant to s.210 of the Fair Work Act 2009 (the Act). It has been made by J F Hull Holdings Pty Ltd (the Employer).

[2] The Employer filed a statutory declaration in support of the application which was declared by Graham Hull, Director 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 6 April 2017.

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

COMMISSIONER

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Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the matter of J F Hull Holdings Pty Ltd came before the Commission, which was required to determine an application for the variation of the J F Hull Holdings Pty Ltd Enterprise Agreement 2017. The application was lodged by the employer, J F Hull Holdings Pty Ltd, seeking changes to the existing enterprise agreement which governs the terms and conditions of employment for their workers. The proposed changes primarily related to amendments in the rates of pay and working hours.

The primary legal issue the Commission needed to resolve was whether the proposed changes to the enterprise agreement were consistent with the relevant provisions of the Fair Work Act 2009. This involved examining if the changes were in line with the statutory requirements and principles of the Act, including whether they promoted productivity, sustainability, and efficiency. The Commission also needed to assess if the application process followed the correct procedures and if the changes were in the best interests of the employees and the employer.

After thorough consideration of the submissions from both parties, the Fair Work Commission decided that the proposed changes to the enterprise agreement were acceptable. The Commission found that the changes were in line with the statutory requirements and principles of the Fair Work Act 2009. It was determined that the proposed changes would promote productivity, sustainability, and efficiency, and that the application process was properly followed. The Commission further found that the changes were in the best interests of both the employees and the employer.

The Fair Work Commission issued a determination approving the variation of the J F Hull Holdings Pty Ltd Enterprise Agreement 2017 as sought by the employer. The new terms and conditions of employment, as outlined in the varied agreement, will now be applicable to the employees of J F Hull Holdings Pty Ltd.

J F Hull Holdings 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