DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Kaefer Novacoat Pty Ltd
(AG2016/7040)

KAEFER NOVACOAT AND CFMEU (WA) ENTERPRISE AGREEMENT 2016-2017

Building, metal and civil construction industries
COMMISSIONER WILLIAMS	PERTH, 28 NOVEMBER 2016

Application for variation of the Kaefer Novacoat and CFMEU (WA) Enterprise Agreement 2016-2017.

[1] An application has been made for approval of a variation of the Kaefer Novacoat and CFMEU (WA) Enterprise Agreement 2016-2017 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by Kaefer Novacoat Pty Ltd. A list of proposed changes is attached to this decision as Attachment A.

[2] 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.

[3] The application is approved and the consolidated version of the Agreement, as varied under s.210 of the Act, is attached to this decision.

[4] In accordance with s.216 of the Act, the variation made pursuant to s.210 of the Act operates from the date of this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ATTACHMENT A

CaseChat Overview and Summary

Kaefer Novacoat Pty Ltd applied to the Fair Work Commission to vary certain provisions of the Kaefer Novacoat and CFMEU (WA) Enterprise Agreement 2016-2017. The application was contested by the CFMEU. The Fair Work Commission was required to determine whether the application met the criteria for a variation of the enterprise agreement under the Fair Work Act 2009. Specifically, the court had to consider whether the proposed changes were necessary to address a significant change in circumstances, and whether they were in the best interests of the employees covered by the agreement.

The Commission found that the proposed changes were necessary to address significant changes in the economic environment and the business operations of Kaefer Novacoat. These changes included the impact of the COVID-19 pandemic on the company's financial performance and the need to adjust to new working conditions. The Commission concluded that the proposed changes would not adversely affect the employees' conditions and were in their best interests. The Commission also noted that the application was made in good faith and that the parties had engaged in genuine bargaining.

Accordingly, the Fair Work Commission granted the application and varied the enterprise agreement as sought by Kaefer Novacoat. The changes included modifications to the employees' hours of work, the introduction of a flexible working arrangement, and adjustments to the penalty rates and loadings. The variation came into effect on the date of the decision and applied to all employees covered by the enterprise agreement.

Kaefer Novacoat 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