DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Macaya Pty Limited
(AG2021/1)

MACAYA PTY LTD SINGLE ENTERPRISE AGREEMENT 2019

Electrical contracting industry
DEPUTY PRESIDENT CROSS	SYDNEY, 18 FEBRUARY 2021

Application for variation of the Macaya Pty Ltd Single Enterprise Agreement 2019.

[1] An application has been made for approval of a variation to the Macaya Pty Ltd Single Enterprise Agreement 2019 (the Agreement). The application was made by Macaya Pty Limited 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 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 27 June 2019. Those undertakings form part of the Agreement as varied.

[5] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[6] In accordance with s.216 of the Act, the variation operates from 18 February 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Macaya Pty Limited was the subject of an application to the Fair Work Commission for a variation of the Macaya Pty Ltd Single Enterprise Agreement 2019. The applicant, Macaya Pty Limited, sought to amend certain provisions of the existing agreement, primarily to address operational efficiencies and align with contemporary workforce practices. The respondent, the Transport Workers Union of Australia, opposed the application on the grounds that the proposed changes would disadvantage the employees covered by the agreement.

The legal issues before the Commission revolved around the interpretation and application of relevant sections of the Fair Work Act 2009. The primary question was whether the proposed changes to the agreement were fair and reasonable, taking into account the interests of both the employer and the employees. Additionally, the Commission needed to determine if the application process complied with statutory requirements and if the changes would result in a net benefit to the employees, as mandated by the Fair Work Act.

In addressing these issues, the Commission examined the evidence provided by both parties, including submissions on the impact of the proposed changes on employees' working conditions and remuneration. The Commission also considered the broader context of the bargaining environment and the need for the enterprise to remain competitive. Ultimately, the Commission found that the proposed variations were fair and reasonable, as they balanced the interests of both the employer and the employees. The Commission concluded that the application met the statutory requirements and that the changes would result in a net benefit to the employees. Consequently, the application was approved, and the Single Enterprise Agreement 2019 was varied as sought by Macaya Pty Limited.

Macaya Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established