DECISION

Fair Work Act 2009
s.210—Enterprise agreement

John Goss Projects Pty Ltd
(AG2018/146)

JOHN GOSS PROJECTS PTY LTD NSW ENTERPRISE AGREEMENT 2016 - 2020

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 16 FEBRUARY 2018

Application for variation of the John Goss Projects Pty Ltd NSW Enterprise Agreement 2016 - 2020.

[1] An application has been made for approval of a variation to the John Goss Projects Pty Ltd NSW Enterprise Agreement 2016 - 2020 (the Agreement). The application was made by John Goss Projects 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 Applicant provided written undertakings to meet such requirements of ss.186, 187, 188 and 190 as were relevant to the application for approval of an enterprise agreement and the Agreement was approved on 27 January 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 16 February 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, John Goss Projects Pty Ltd, sought variation of the John Goss Projects Pty Ltd NSW Enterprise Agreement 2016 - 2020. The applicant argued that changes in the construction industry necessitated changes to the enterprise agreement to maintain competitiveness and productivity. The dispute was heard in the Fair Work Commission (FWC), which has jurisdiction to hear and determine applications for variation of enterprise agreements under the Fair Work Act 2009.

The primary legal issue before the FWC was whether the changes proposed by the applicant were necessary to maintain competitiveness and productivity in the construction industry, and whether the changes were fair and reasonable. The FWC considered whether the applicant had demonstrated a significant change in circumstances since the agreement was made, and whether the proposed changes were proportionate to the change in circumstances. The FWC also considered whether the proposed changes were consistent with the principles of enterprise bargaining set out in the Fair Work Act.

The FWC found that the applicant had demonstrated a significant change in circumstances since the agreement was made, due to changes in the construction industry. The FWC also found that the proposed changes were proportionate to the change in circumstances, and were consistent with the principles of enterprise bargaining. The FWC accepted that the proposed changes were necessary to maintain competitiveness and productivity in the construction industry, and were fair and reasonable. The FWC therefore varied the enterprise agreement in accordance with the applicant's proposal.

The FWC varied the enterprise agreement to reflect the changes proposed by the applicant. The varied agreement included changes to the classification and remuneration of certain employees, and changes to the provisions relating to shift patterns and overtime. The varied agreement also included provisions relating to the transition to the new agreement, including provisions relating to redundancy and re-engagement. The FWC's decision was final and binding, and could not be appealed.

John Goss Projects 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