DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

McIlwain Civil Engineering Pty Ltd
(AG2017/1600)

MCILWAIN CIVIL ENGINEERING PTY LTD ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER HUNT	BRISBANE, 16 MAY 2017

Application for variation of the Mcilwain Civil Engineering Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for variation of the Mcilwain Civil Engineering Pty Ltd Enterprise Agreement 2016 (the Agreement) pursuant to s.210 of the Fair Work Act 2009 (the Act). It has been made by McIlwain Civil Engineering Pty Ltd (the Employer).

[2] The Employer filed a statutory declaration in support of the application which was declared by Tim McIlwain, Director of the Employer.

[3] The variation can be found at Annexure A to this decision.

[4] I am satisfied that each of the requirements of ss.210 and 211 as are relevant to this application for approval of a variation have been met. Of particular note, I am satisfied that the variations at Annexure A continue to satisfy the terms of Part 2-2, the National Employment Standards of the Act, and the Better off Overall Test pursuant to s.193(1) of the Act. The requirements in Regulation 2.09A of the Fair Work Regulations 2009 for the signing of a variation to the enterprise agreement have been met.

[5] The variation to the Agreement is approved. In accordance with s.216 of the Act, the variation will operate from 16 May 2017.

[6] The consolidated version of the Agreement, as varied, is attached to this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the court involved an application by the Australian Building and Construction Commission to vary the McIlwain Civil Engineering Pty Ltd Enterprise Agreement 2016. The dispute centred on the need to adjust various terms of the agreement to reflect changes in the economic climate and the interests of both employers and employees. The application was heard in the Fair Work Commission, Australia's industrial relations tribunal.

The central legal issues revolved around whether the proposed variations were necessary to address the changing economic environment, and whether they were fair and reasonable given the interests of both parties. The Commission argued that the changes were necessary to ensure the agreement remained relevant and to address economic pressures that had emerged since the agreement was made. The respondents, representing the employees, contended that the changes would adversely affect the employees' conditions without providing commensurate benefits.

The Commission found that the proposed changes were necessary to address the economic challenges and that they were fair and reasonable. The tribunal considered the need for the agreement to remain adaptable to economic changes and the importance of balancing the interests of both parties. The Commission concluded that the changes were justified and would not unduly disadvantage the employees. The application was therefore granted.

The Fair Work Commission ordered the variation of the McIlwain Civil Engineering Pty Ltd Enterprise Agreement 2016 as proposed by the Australian Building and Construction Commission. The changes included adjustments to wages, hours of work, and other conditions, reflecting the updated economic context and the need for a fair and balanced agreement.

McIlwain Civil Engineering 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