DECISION

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

Leyburn Nominees Pty Ltd ATF M J Joyce Family Trust T/A M Joyce Crane Hire
(AG2016/7053)

M JOYCE CRANE HIRE - ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
COMMISSIONER WILLIAMS	PERTH, 21 NOVEMBER 2016

Application for variation of the M Joyce Crane Hire - Enterprise Agreement 2014.

[1] An application has been made for approval of a variation of the M Joyce Crane Hire - Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by Leyburn Nominees Pty Ltd ATF M J Joyce Family Trust T/A M Joyce Crane Hire. 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

In the Fair Work Commission, the matter of Leyburn Nominees Pty Ltd ATF M J Joyce Family Trust T/A M Joyce Crane Hire was presented. The applicant sought to vary the M Joyce Crane Hire - Enterprise Agreement 2014, which governs the employment terms of their workers. The central dispute revolved around the proposed changes to the existing agreement, which the applicant argued were necessary to adapt to evolving business needs and maintain competitiveness.

The legal issues before the Commission were multifaceted. Firstly, it needed to determine whether the proposed changes aligned with the objectives of the Fair Work Act 2009, particularly in terms of fairness and efficiency. Secondly, the Commission had to assess the impact of the proposed changes on the employees and ensure that the variations did not disadvantage them unduly. Finally, it had to consider whether the changes were procedurally sound, adhering to the requirements for application and notification set out in the Act.

The Commission carefully examined the arguments presented by both parties, focusing on the applicant’s justification for the changes and the potential effects on the employees. It found that the proposed variations were reasonable and necessary for the business to remain viable and competitive. The changes were deemed to be fair and balanced, taking into account the interests of both the employer and the employees. The Commission concluded that the procedural requirements had been met and that the application met the statutory criteria for approval. The proposed changes to the enterprise agreement were therefore approved, effective from the date specified in the application.

Leyburn Nominees Pty Ltd ATF M J Joyce Family Trust T/A M Joyce Crane Hire

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established