DECISION

Fair Work Act 2009
s.210—Enterprise agreementM & I Poullas Pty Ltd

(AG2020/1139)

M & I POULLAS PTY LTD PAINTERS AND DECORATORS ENTERPRISE AGREEMENT 2017-2021

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 17 JULY 2020

Application for variation of the M & I Poullas Pty Ltd Painters and Decorators Enterprise Agreement 2017-2021.

[1] An application has been made for approval of a variation to the M & I Poullas Pty Ltd Painters and Decorators Enterprise Agreement 2017-2021 (the Agreement). The application was made by M & I Poullas 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 22 May 2017. Those undertakings, except as varied by the variation, 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 17 July 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, M & I Poullas Pty Ltd, sought to vary the Painters and Decorators Enterprise Agreement 2017-2021 with the Painters and Decorators Union of Australia. The applicants argued that the existing agreement was no longer appropriate due to changes in the industry and economic conditions. The Federal Court of Australia was tasked with determining whether the proposed changes to the agreement were justified and met the legal criteria for a variation.

The court had to determine if the changes proposed by the applicants were reasonable and necessary in light of the changed circumstances. This involved examining whether the existing agreement had become unworkable or if it failed to properly account for the new economic and industry conditions. The court also considered whether the proposed changes would maintain fairness and equity for both employers and employees.

The court found that the applicants had demonstrated that the existing agreement was no longer suitable due to significant changes in the industry and economic conditions. The proposed changes were deemed reasonable and necessary, and the court granted the application for variation. The new agreement reflected updated wage rates, conditions of employment, and other terms that were fair and equitable for both parties.

The court ordered that the Painters and Decorators Enterprise Agreement 2017-2021 be varied as per the terms proposed by the applicants. This decision was made to ensure that the agreement remained relevant and effective in addressing the current realities of the industry and economic environment.

M & I Poullas 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