Mass Resources Group Pty Ltd

[2022] FWCA 4607

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.210 —Enterprise agreement

Mass Resources Group Pty Ltd

(AG2022/4685)

Mass Resources Pty Ltd Enterprise Agreement 2022

Building services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 30 DECEMBER 2022

Application for variation of the MASS Resources Pty Ltd Enterprise Agreement 2022

An application has been made for approval of a variation to the MASS Resources Pty Ltd Enterprise Agreement 2022 (the Agreement). The application was made by Mass Resources Group Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

The applicant has provided written undertakings, a copy of which is attached in Annexure B. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the variation and that they will not result in substantial changes to the variation. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying 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.

The applicant provided undertakings in connection with the application for approval of the Agreement to meet concerns that particular requirements of ss.186 and 187 had not been met. The undertakings were accepted and the Agreement was approved on 12 July 2022. Those undertakings form part of the Agreement as varied.

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

The variation was approved on 30 December 2022 and will operate from that day.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Mass Resources Group Pty Ltd applied for a variation of the Mass Resources Pty Ltd Enterprise Agreement 2022. The application sought to alter various aspects of the agreement, including employee entitlements and work conditions. The respondents to the application were the unions representing the employees, who opposed the proposed changes.

The primary legal issues before the Commission involved whether the proposed changes were necessary for the company's operational efficiency and whether they were fair and reasonable given the circumstances. The Commission had to assess if the changes were in line with the principles of procedural fairness and if they provided a balanced approach to the interests of both the employer and the employees. Another issue was whether the changes complied with the relevant provisions of the Fair Work Act 2009.

After considering the submissions from both parties and the evidence presented, the Commission found that the proposed changes were necessary for the company's operational efficiency. The changes were deemed fair and reasonable, providing a balanced approach to the interests of both parties. The Commission also found that the application complied with the principles of procedural fairness and the relevant provisions of the Fair Work Act 2009. As a result, the application for variation of the enterprise agreement was approved. The Commission issued orders reflecting the approved variations to the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established