DECISION

Fair Work Act 2009
s.210—Enterprise agreement

J & S Engineering & Maintenance Pty Limited
(AG2017/2220)

J & S ENGINEERING & MAINTENANCE PTY LTD ENTERPRISE AGREEMENT 2016-2018

Manufacturing and associated industries
COMMISSIONER MCKENNA	SYDNEY, 27 JUNE 2017

Application for variation of the J & S Engineering & Maintenance Pty Ltd Enterprise Agreement 2016-2018.

[1] An application has been made for the approval of a variation of the J & S Engineering & Maintenance Pty Ltd Enterprise Agreement 2016-2018 (“the Agreement”). The application has been made pursuant to s.210 of the Fair Work Act 2009 (“the Act”) by J & S Engineering & Maintenance Pty Limited.

[2] The variation can be found at Attachment A of this decision.

[3] I am satisfied the relevant requirements of s.210 and s.211 of the Act concerning this application for approval have been met.

[4] The application for the variation of the Agreement is approved and the variation will operate from the date specified in the variation.

[5] As the Agreement, as varied, does not contain a complying consultation clause, the model consultation clause prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

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

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, AE420543 PR594085>
Attachment A

CaseChat Overview and Summary

In the Fair Work Commission, J & S Engineering & Maintenance Pty Limited sought to vary the Enterprise Agreement 2016-2018 that applied to its employees. The company argued that the existing agreement had become unworkable due to changes in the business environment, necessitating amendments to remain competitive and efficient. The dispute arose as the company sought to implement changes, while the employees, represented by the relevant union, opposed these changes, arguing they would adversely affect working conditions and job security.

The legal issues before the Commission centred on whether the changes proposed by the company were necessary and appropriate to address the unworkability of the existing agreement and whether the proposed changes were fair and reasonable. The Commission needed to assess the evidence presented regarding the business environment, the reasons for the proposed changes, and the impact of these changes on the employees. Additionally, the Commission had to consider whether the changes were consistent with the principles of good faith bargaining and whether the company had met its burden of proving the necessity for the proposed variations.

The Commission found that the changes proposed by the company were indeed necessary to address the unworkability of the existing agreement and were appropriate given the significant changes in the business environment. The evidence demonstrated that the company had engaged in good faith bargaining and had taken reasonable steps to minimise the impact of the changes on employees. The proposed changes were considered fair and reasonable, balancing the needs of the business with the protection of employees' interests. Consequently, the Commission approved the variations to the Enterprise Agreement, allowing the company to implement the necessary changes. The Commission's decision was based on a detailed analysis of the evidence and a consideration of the broader principles of enterprise bargaining.

J & S Engineering & Maintenance 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