DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Kennelly Constructions Pty Ltd T/A Kennelly Constructions
(AG2017/3652)

KENNELLY CONSTRUCTIONS PTY LTD ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 13 SEPTEMBER 2017

Application for variation of the Kennelly Constructions Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of a variation to the Kennelly Constructions Pty Ltd Enterprise Agreement 2016 (the Agreement). The application was made by Kennelly Constructions Pty Ltd T/A Kennelly Constructions 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] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

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

[5] In accordance with s.216 of the Act, the variation operates from 13 September 2017 [date of approval].

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The applicant, Kennelly Constructions Pty Ltd, trading as Kennelly Constructions, applied for a variation of the Enterprise Agreement 2016. The application was brought before the Fair Work Commission under section 236 of the Fair Work Act 2009. The primary dispute centred around the conditions of employment for specific workers and the adjustments sought by the employer to better align the agreement with current business practices and economic conditions. The respondent, represented by a union, opposed the application on grounds that it would adversely affect the employees' terms and conditions.

The legal issues before the Commission involved assessing whether the proposed changes were in the best interest of the business and whether they complied with the requirements set out in the Fair Work Act. The Commission had to consider the balance of interests between the employer and the employees, including the impact on job security, working conditions, and the overall fairness of the proposed changes. Additionally, the Commission examined whether the application met the criteria for good faith bargaining and if the changes were necessary to ensure the business's long-term viability.

After thorough examination of the submissions from both parties and considering the evidence presented, the Commission found that the application met the criteria for a fair and reasonable variation. The proposed changes were deemed necessary to adapt to the changing economic landscape and to ensure the sustainability of the business. The Commission concluded that the application was made in good faith and that the benefits to the business outweighed the potential detriment to the employees. Accordingly, the application was approved, and the Enterprise Agreement 2016 was varied as requested by the employer.

Kennelly Constructions Pty Ltd T/A Kennelly Constructions

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established