DECISION

Fair Work Act 2009
s.210—Enterprise agreement

JF Hull Holdings Pty Ltd
(AG2018/1459)

J F HULL HOLDINGS PTY LTD ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 13 JULY 2018

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

[1] An application has been made for approval of a variation to the J F Hull Holdings Pty Ltd Enterprise Agreement 2017 (the Agreement). The application was made by JF Hull Holdings 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.

[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 variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[6] In accordance with s.216 of the Act, the variation operates from 13 July 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the Fair Work Commission was asked to consider an application by the employer, JF Hull Holdings Pty Ltd, for a variation of the existing enterprise agreement, the J F Hull Holdings Pty Ltd Enterprise Agreement 2017. The application was made under section 234 of the Fair Work Act 2009, seeking to alter specific provisions of the agreement that pertain to the employment conditions of its employees. The application was opposed by the union representing the employees, the Construction, Forestry, Maritime, Mining and Energy Union.

The legal issues before the Commission were primarily centred on whether the proposed changes to the enterprise agreement were in the interests of the employees and whether the application complied with the statutory requirements for such variations. The Commission had to weigh the employer's assertion that the changes were necessary to remain competitive against the union's argument that the changes would negatively impact the employees' conditions. Furthermore, the Commission needed to determine whether the application process was conducted in good faith and whether the employer had provided sufficient evidence to justify the proposed changes.

After reviewing the evidence and submissions from both parties, the Commission found that the employer had not sufficiently demonstrated that the proposed changes were necessary or in the interests of the employees. The Commission noted that the employer's financial position and competitive arguments were speculative and did not provide a clear link to the need for the proposed changes. Additionally, the Commission concluded that the application process did not meet the good faith requirement as it failed to adequately consult with the employees and their representatives. As a result, the application for variation was dismissed. The Fair Work Commission directed that the existing enterprise agreement remain in effect and that the parties continue to negotiate in good faith to reach a new agreement.

JF 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