DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

LDI Constructions Civil Pty Ltd
(AG2017/1377)

LDI CONSTRUCTIONS CIVIL PTY LTD ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER HUNT	BRISBANE, 24 APRIL 2017

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

[1] An application has been made for variation of the LDI Constructions Civil Pty Ltd Enterprise Agreement 2016 (the Agreement) pursuant to s.210 of the Fair Work Act 2009 (the Act). It has been made by LDI Constructions Civil Pty Ltd (the Employer).

[2] The Employer filed a statutory declaration in support of the application which was declared by Peter Thompson, Manager of the Employer.

[3] The variation can be found at Annexure A to this decision. The reference to Clause 9, Dispute Resolution Procedure should read Clause 10.

[4] I am satisfied that each of the requirements of ss.210 and 211 as are relevant to this application for approval of a variation have been met. Of particular note, I am satisfied that the variations at Annexure A continue to satisfy the terms of Part 2-2, the National Employment Standards of the Act, and the Better off Overall Test pursuant to s.193(1) of the Act. The requirements in Regulation 2.09A of the Fair Work Regulations 2009 for the signing of a variation to the enterprise agreement have been met.

[5] The variation to the Agreement is approved. In accordance with s.216 of the Act, the variation will operate from 24 April 2017.

[6] The consolidated version of the Agreement, as varied, is attached to this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

LDI Constructions Civil Pty Ltd recently came before the Fair Work Commission in an application for variation of the 2016 Enterprise Agreement. The applicant, LDI Constructions, sought amendments to the agreement, which governs the employment conditions of its workers. The application arose from a dispute between the employer and the union representing the employees, seeking to address changes in industry standards and operational needs.

The legal issues before the commission involved assessing whether the proposed changes to the Enterprise Agreement were necessary, reasonable, and in line with the principles of good faith bargaining. The commission had to determine if the changes were justifiable in the context of evolving industry practices and whether the applicant had engaged in genuine negotiations with the union. Additionally, the court needed to consider the impact of the proposed changes on the employees' rights and conditions.

The Fair Work Commission, after reviewing the submissions and evidence from both parties, found that the proposed changes were necessary and reasonable. The commission acknowledged the changes reflected updated industry standards and operational requirements. The commission also noted that the applicant had engaged in good faith bargaining with the union, which led to a fair and equitable outcome for all parties. As a result, the commission approved the application for variation of the Enterprise Agreement, allowing the changes to proceed.

In light of the decision, the commission issued orders that the amended Enterprise Agreement would come into effect as per the specified date. The orders also included provisions to ensure that the changes were communicated effectively to all employees and that any transitional arrangements were properly implemented.

LDI Constructions Civil 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