Menard Bachy Pty Ltd Summary

[2013] FWCA 2046

FAIR WORK COMMISSION

DECISION

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

Menard Bachy Pty Ltd
(AG2013/736)

Building, metal and civil construction industries
COMMISSIONER CARGILL	SYDNEY, 10 APRIL 2013

Application for variation of the Menard Bachy Pty Ltd Geotechnical & Ground Improvement Enterprise Agreement 2010-2012 .

[1] An application has been made for approval of a variation to an agreement known as the Menard Bachy Pty Ltd Geotechnical & Ground Improvement Enterprise Agreement 2010 - 2012. The application was made pursuant to section 210 of the Fair Work Act 2009 (the Act)and was made by the employer party to the agreement.

[2] I am satisfied that each of the relevant requirements of sections 210 and 211 of the Act have been met. I approve the variation which is as follows:

1. By deleting clause 5 and inserting the following:

5. Date of Operation

This agreement shall apply from the date of registration and shall remain in force 6th October 2013

2. By inserting into Appendix B the following:

Rates Applicable at 1^st January 2013

per hour	per day 7.2 hours	0.8 RDO accrual	per week 36 hours	time & half	double time
CW NE	20.49	147.53	16.40	737.64	30.74	40.98
CW 1	23.33	167.98	18.67	839.88	35.00	46.66
CW 2	25.98	187.06	20.79	935.28	38.97	51.96
CW 3	27.41	197.36	21.93	986.76	41.12	54.82
CW 4	28.73	206.86	22.99	1,034.28	43.10	57.46
CW 5	29.97	215.79	23.98	1,078.92	44.96	59.94
CW 6	31.98	230.26	25.59	1,151.28	47.97	63.96
CW 7	33.37	240.27	26.70	1,201.32	50.06	66.74
CW 8	35.50	255.60	28.40	1,278.00	53.25	71.00

Rates Applicable at 1^st July 2013

per hour	per day 7.2 hours	0.8 RDO accrual	per week 36 hours	time & half	double time
CW NE	20.90	150.48	16.72	752.40	31.35	41.80
CW 1	23.80	171.36	19.04	856.80	35.70	47.60
CW 2	26.50	190.80	21.20	954.00	39.75	53.00
CW 3	27.96	201.32	22.37	1,006.56	41.94	55.92
CW 4	29.30	210.96	23.44	1,054.80	43.95	58.60
CW 5	30.57	220.11	24.46	1,100.52	45.86	61.14
CW 6	32.62	234.87	26.10	1,174.32	48.93	65.24
CW 7	34.04	245.09	27.24	1,225.44	51.06	68.08
CW 8	36.21	260.72	28.97	1,303.56	54.32	72.42

[3] In accordance with section 216 of the Act the variation operates on and from 10 April 2013.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Menard Bachy Pty Ltd and the United Voice Union, concerning an application to vary the Menard Bachy Pty Ltd Geotechnical & Ground Improvement Enterprise Agreement 2010-2012. The application was brought by the employer, Menard Bachy, seeking amendments to the agreement to reflect changes in the industry and to ensure the continued competitiveness and operational efficiency of the business. The union opposed the application, arguing that the proposed changes would negatively impact the employees' conditions.

The legal issues before the court centred on whether the proposed changes to the enterprise agreement were justifiable under the Fair Work Act 2009. Key points of contention included the necessity of the proposed changes for the business's competitiveness, the impact on employees' working conditions, and whether the changes were fair and reasonable in all circumstances. The court also needed to determine if the application was in line with the principles of good faith bargaining and whether there was a genuine attempt to reach a consensus.

In delivering its decision, the Fair Work Commission acknowledged the dynamic nature of the geotechnical and ground improvement industry, which necessitated flexibility in employment terms and conditions. The court found that the proposed changes were necessary for the employer to remain competitive and to adapt to evolving market conditions. The court also considered the employer's good faith efforts to negotiate with the union and the union's inability to reach a consensus. Ultimately, the court ruled that the application met the criteria for variation under the Fair Work Act, and the proposed changes were fair and reasonable. The court granted the application, allowing for the amendments to the enterprise agreement to proceed.

The final orders included specific modifications to the enterprise agreement, such as changes to shift patterns, overtime provisions, and the introduction of performance-based incentives. The decision also included provisions for ongoing consultation and communication between the employer and the union to ensure the smooth implementation of the new agreement. The court emphasised the importance of maintaining a cooperative and productive workplace relationship moving forward.

Menard Bachy Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established