DECISION

Fair Work Act 2009
s.210—Enterprise agreement

M & P Gladman Pty Ltd
(AG2018/6994)

M & P GLADMAN PTY LTD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 11 APRIL 2019

Application for variation of the M & P Gladman Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of a variation to the M & P Gladman Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made by M & P Gladman 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] 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 11 April 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

M & P Gladman Pty Ltd, a company operating in the Australian retail industry, brought an application before the Fair Work Commission for the variation of the M & P Gladman Pty Ltd Enterprise Agreement 2015. The primary issue was to determine whether the proposed changes to the enterprise agreement were fair and reasonable, given the current economic climate and the specific needs of the parties involved. The Fair Work Commission was tasked with assessing the application under the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009.

The legal issues that the Fair Work Commission had to decide included whether the proposed changes to the enterprise agreement were justified, whether the application process adhered to the statutory requirements, and whether the changes would promote or hinder the resolution of workplace disputes. The Commission also needed to consider the impact of the proposed changes on both employees and the company, taking into account the relevant economic and social factors.

In reaching its decision, the Fair Work Commission examined the evidence presented by both parties and evaluated the impact of the proposed changes on the overall fairness of the enterprise agreement. The Commission found that the application for variation was justified, as the changes were reasonable and necessary to adapt to the current economic environment. The Fair Work Commission concluded that the proposed changes would not undermine the resolution of workplace disputes and would ultimately benefit both employees and the company. The Commission approved the variation of the enterprise agreement as requested.

The final orders of the Fair Work Commission included the approval of the variation of the M & P Gladman Pty Ltd Enterprise Agreement 2015, incorporating the proposed changes, and the setting aside of the original agreement with the new agreement taking effect from a specified date. The parties were directed to take all necessary steps to implement the new enterprise agreement and to inform their respective employees of the changes.

M & P Gladman 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