DECISION

Fair Work Act 2009
s.217 - Application to vary an agreement to remove an ambiguity or uncertainty

J & S Engineering & Maintenance Pty Limited
(AG2016/7288)

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

Manufacturing and associated industries
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 2 DECEMBER 2016

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

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

[2] The application seeks to vary the Agreement as follows:

1. By deleting Table 2 “Trades Assistants Rates of Pay” on page 9 of the Agreement and inserting the following:

“Table 2

Trades Assistants Rates of Pay

On Commencement	01/07/2013
Trades Assist
● Level 1	85% of Senior Tradesman	72% of Tradesman
● Level 2	90.028% of Senior Tradesman	85% of Tradesman

[3] I am satisfied that each of the requirements of s.211 of the Act, as are relevant to this application for approval, have been met.

[4] The application is approved and the consolidated version of the Agreement, incorporating the variation is attached.

[5] The variation operates from1 December 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, J & S Engineering & Maintenance Pty Limited applied for a variation of the Enterprise Agreement between itself and its employees, which was entered into in 2016 and was set to expire in 2018. The company sought to amend certain provisions of the agreement, particularly those related to employee shift patterns and the classification of certain roles within the organisation.

The legal issues before the Commission included whether the proposed changes were in the interests of the employees and whether the application satisfied the requirements of the Fair Work Act 2009. The Commission had to assess the justification provided by the company for the changes, the impact of the proposed changes on employees, and whether the company had engaged in good faith bargaining with the employees' representatives.

The Fair Work Commission found that the company had demonstrated a legitimate business need for the proposed changes, which were intended to enhance operational efficiency and respond to changes in the business environment. The Commission also found that the company had engaged in good faith bargaining with the employees' representatives, and that the proposed changes were not likely to have a detrimental impact on the employees' working conditions. Accordingly, the Commission accepted the application and varied the Enterprise Agreement as sought by the company.

The Fair Work Commission ordered that the Enterprise Agreement be varied as per the company's application, with the changes to take effect from a specified date. The employees' representatives were given the opportunity to appeal the decision, but no appeal was lodged within the prescribed time frame.

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