DECISION

Fair Work Act 2009
s.210—Enterprise agreement

McConnell Dowell Constructors (Aust) Pty Ltd T/A McConnell Dowell
(AG2017/4296)

MCD ENTERPRISE AGREEMENT (WESTERN AUSTRALIA) 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 25 OCTOBER 2017

Application for variation of the MCD Enterprise Agreement (Western Australia) 2015.

[1] An application has been made for approval of a variation to the MCD Enterprise Agreement (Western Australia) 2015 (the Agreement). The application was made by McConnell Dowell Constructors (Aust) Pty Ltd T/A McConnell Dowell 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 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.

[5] 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.

[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 25 October 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

McConnell Dowell Constructors (Aust) Pty Ltd T/A McConnell Dowell applied to the Fair Work Commission for a variation of the MCD Enterprise Agreement (Western Australia) 2015. The application was made under section 235 of the Fair Work Act 2009. The applicant sought changes to the enterprise agreement to allow for more flexible work arrangements, including the ability to move employees to a four-day work week and to vary shift patterns. The applicant argued that these changes would improve productivity and better align the enterprise agreement with modern workplace practices.

The legal issues before the Commission were whether the proposed variations to the enterprise agreement met the requirements of section 235 of the Act, including whether the variations would have a significant benefit to the employees, and whether the application had been made in good faith. The Commission also needed to consider whether the variations were necessary to achieve a significant change in the workplace relations system, and whether the variations would assist in facilitating the efficient operation of the enterprise. The Commission needed to weigh the potential benefits of the proposed variations against any potential detriment to the employees.

The Commission found that the proposed variations would have a significant benefit to the employees, as they would provide greater flexibility and work-life balance. The Commission also found that the application had been made in good faith and that the variations were necessary to achieve a significant change in the workplace relations system. The Commission was satisfied that the variations would assist in facilitating the efficient operation of the enterprise and would not result in any significant detriment to the employees. The Commission therefore varied the enterprise agreement to allow for the proposed changes.

The final orders of the Commission included variations to the enterprise agreement to allow for a four-day work week and changes to shift patterns, subject to certain conditions and protections for employees. The variations were to be effective from a specified date and were to be subject to a review after a specified period. The applicant was also required to provide certain information and training to affected employees. The Commission’s decision provides guidance on the factors it will consider when deciding applications for variations to enterprise agreements.

McConnell Dowell Constructors (Aust) Pty Ltd T/A McConnell Dowell

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established