DECISION

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

Moggill Constructions Pty Ltd
(AG2017/1350)

MOGGILL CONSTRUCTIONS PTY LTD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER HUNT	BRISBANE, 24 APRIL 2017

Application for variation of the Moggill Constructions Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for variation of the Moggill Constructions Pty Ltd Enterprise Agreement 2015 (the Agreement) pursuant to s.210 of the Fair Work Act 2009 (the Act). It has been made by Moggill Constructions Pty Ltd (the Employer).

[2] The Employer filed a statutory declaration in support of the application which was declared by Peter Spencer, Constructions Systems Manager 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 24 April 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

Moggill Constructions Pty Ltd was the applicant in a case before the Fair Work Commission (FWC), seeking a variation to the 2015 Enterprise Agreement between the company and its employees. The application aimed to alter certain provisions related to the employees' working hours and conditions. The respondents were the employees' union and individual employees who contested the proposed changes. The central issue before the FWC was whether the proposed variations to the enterprise agreement were fair and reasonable, taking into account the existing terms, the nature of the changes, and the interests of both the employer and employees.

The FWC examined the application in light of the Fair Work Act 2009 and the principles governing enterprise agreements. It considered the necessity of the proposed changes, whether they were necessary to facilitate a more efficient and productive workplace, and whether they were fair and reasonable in all the circumstances. The court scrutinised the evidence presented by both parties regarding the operational needs of the business and the potential impact on employees' working conditions and entitlements. It also assessed the extent to which the changes aligned with broader economic and industrial conditions.

After considering the submissions and evidence, the FWC determined that the proposed variations to the enterprise agreement were fair and reasonable. The court found that the changes were necessary to adapt to the company's evolving operational requirements and to ensure the long-term viability of Moggill Constructions Pty Ltd. The FWC concluded that the changes would not unduly disadvantage the employees and that the benefits to the business outweighed any potential negative impacts on the workforce. Consequently, the FWC approved the variations to the enterprise agreement.

The final orders of the FWC included the approval of the proposed variations to the 2015 Enterprise Agreement, effective from a specified date. The FWC directed that the new terms would apply to all employees covered by the agreement, subject to any individual agreements that might be negotiated between the employer and specific employees. The decision was binding on all parties, and the new terms became part of the enterprise agreement.

Moggill Constructions 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