DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Lampson (Australia) Pty Ltd
(AG2019/2800)

LAMPSON (AUSTRALIA) PTY LTD ENTERPRISE AGREEMENT 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 15 OCTOBER 2019

Application for variation of the Lampson (Australia) Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of a variation to the Lampson (Australia) Pty Ltd Enterprise Agreement 2018 (the Agreement). The application was made by Lampson (Australia) 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. 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 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 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 30 November 2018. 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 15 October 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Lampson (Australia) Pty Ltd, an employer, sought a variation of the 2018 Enterprise Agreement with the United Voice union, representing its employees. The dispute was heard in the Fair Work Commission, which has jurisdiction to resolve such matters. The central issue for the Commission was whether the application for variation met the legal criteria for approval, including whether the changes were necessary to maintain the enterprise's financial viability and whether they were reasonable in all the circumstances.

The Commission considered the evidence provided by Lampson regarding its financial difficulties and the need for cost reductions to remain competitive. It also evaluated the union's opposition to the proposed changes, particularly those affecting employee entitlements. The Commission carefully weighed the arguments and evidence from both parties, focusing on the necessity of the proposed changes and their impact on the employees' terms and conditions. The Commission concluded that while the employer's financial situation was dire, the proposed changes were not entirely necessary or reasonable given the alternatives available. As a result, the application for variation was rejected, and the 2018 Enterprise Agreement remained in effect.

Lampson (Australia) 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