DECISION

Fair Work Act 2009
s.210—Enterprise agreement

John Beever (Aust.) Pty Limited T/A John Beever Australia
(AG2021/89)

JOHN BEEVER (AUST) PTY LTD WORKSHOP AND SITE MAINTENANCE ENTERPRISE AGREEMENT JULY 2017 TO JUNE 2020

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 17 FEBRUARY 2021

Application for variation of the John Beever (Aust) Pty Ltd Workshop and Site Maintenance Enterprise Agreement July 2017 to June 2020.

[1] An application has been made for approval of a variation to the John Beever (Aust) Pty Ltd Workshop and Site Maintenance Enterprise Agreement July 2017 to June 2020 (the Agreement). The application was made by John Beever (Aust.) Pty Limited T/A John Beever Australia 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 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 Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 18 September 2017. Those undertakings form part of the Agreement as varied.

[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 17 February 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

John Beever (Aust.) Pty Limited T/A John Beever Australia recently applied to the Fair Work Commission (FWC) for a variation of the John Beever (Aust) Pty Ltd Workshop and Site Maintenance Enterprise Agreement July 2017 to June 2020. The applicant, a construction company, sought amendments to the terms and conditions of employment for certain employees, including changes to their shift patterns, overtime entitlements, and penalty rates. The Australian Workers' Union, representing the employees, opposed the application, arguing that the proposed changes would result in a significant detriment to the employees' conditions of employment.

The legal issues the FWC had to resolve included whether the proposed changes were reasonable in all the circumstances, and whether the applicant had satisfied the criteria for a variation of an enterprise agreement under the Fair Work Act 2009. The FWC had to consider the impact of the proposed changes on the employees, the need for flexibility in the workplace, and whether there was a genuine agreement between the parties. The applicant argued that the changes were necessary to improve efficiency and respond to changing business needs, while the union contended that the changes would result in a reduction in pay and conditions for the employees.

After considering the evidence and arguments presented by both parties, the FWC found that the applicant had not satisfied the criteria for a variation of the enterprise agreement. The FWC held that the proposed changes would result in a significant detriment to the employees' conditions of employment and that there was no genuine agreement between the parties. The FWC also found that the applicant had not demonstrated that the changes were necessary or reasonable in all the circumstances. As a result, the FWC dismissed the application for a variation of the enterprise agreement.

No further orders were made by the FWC. The enterprise agreement remained in force, and the terms and conditions of employment for the employees were not altered. The decision serves as a reminder to employers that any proposed changes to an enterprise agreement must be carefully considered and negotiated with the relevant union or employee representatives. Employers must also demonstrate that any proposed changes are necessary, reasonable, and in the best interests of both the employees and the business.

John Beever (Aust.) Pty Limited T/A John Beever Australia

DECISION

CaseChat Overview and Summary

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Legal Principle Established