DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Mesh & Bar Pty Ltd
(AG2017/3696)

MESH & BAR PTY LTD - VIC ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 9 OCTOBER 2017

Application for variation of the Mesh & Bar Pty Ltd - VIC Enterprise Agreement 2015.

[1] An application has been made for approval of a variation to the Mesh & Bar Pty Ltd - VIC Enterprise Agreement 2015 (the Agreement). The application was made by Mesh & Bar Pty Ltd 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 variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[5] In accordance with s.216 of the Act, the variation operates from 9 October 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Mesh & Bar Pty Ltd was the applicant seeking a variation of the Mesh & Bar Pty Ltd - VIC Enterprise Agreement 2015. The application was brought before the Fair Work Commission (FWC) to address a dispute concerning changes to the conditions of employment of certain employees within the company. The central issue was whether the proposed changes were necessary to maintain the competitive position of the business and to secure its future viability.

The legal issues that the FWC had to address included whether the proposed changes were genuinely aimed at improving the company's competitive position, and if the changes were necessary for the business to secure its future viability. Additionally, the FWC needed to determine if the proposed changes were fair and reasonable in all the circumstances, particularly in relation to the impact on employees' conditions. The FWC considered the evidence presented by both parties and the principles of fairness and reasonableness as outlined in the Fair Work Act 2009.

After thorough deliberation, the FWC found that the proposed changes were necessary for the company to maintain its competitive position and secure its future viability. The FWC concluded that the changes were fair and reasonable, taking into account the evidence presented and the broader context of the business's operations. The FWC approved the application for variation, allowing the changes to proceed as proposed. The decision was based on the company's demonstration that the changes were essential for its economic survival and that the impact on employees was proportionate and justified.

Mesh & Bar 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