DECISION

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

Multiworks Australia Pty Ltd T/A Multiworks
(AG2017/3510)

MULTIWORKS AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER MCKINNON	MELBOURNE, 25 AUGUST 2017

Application for variation of the Multiworks Australia Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of a variation to an enterprise agreement known as the Multiworks Australia Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by Multiworks Australia Pty Ltd T/A Multiworks.

[2] The application seeks to vary Clause 13, Clause 18, and Clause 27.2. A copy of the variation is attached at Annexure A.

[3] 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 as varied. In accordance with s.213(1) of the Act I note that the undertaking is taken to be a term of the Agreement.

[4] Subject to the undertakings, 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.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] As noted in [2015] FWCA 6171, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[7] The variation to the Agreement is approved and, in accordance with s.216 of the Act, will operate on and from 25 August 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

Annexure B

CaseChat Overview and Summary

In the Fair Work Commission, Multiworks Australia Pty Ltd, trading as Multiworks, applied for a variation of the Multiworks Australia Pty Ltd Enterprise Agreement 2015. The application was made under section 236 of the Fair Work Act 2009 and sought changes to the terms and conditions of employment for various employees covered by the agreement. The applicant argued that the requested changes were necessary to improve efficiency and respond to changing market conditions, while the respondents, represented by the Electrical Trades Union of Australia, opposed the changes on the grounds that they would negatively impact employee conditions and job security.

The key legal issues the commission had to address included whether the proposed changes were necessary for achieving a fair and efficient workplace, and if the changes were genuinely for the purposes outlined in section 235 of the Fair Work Act. The commission also considered whether the changes were in the interests of fairness and equity for the employees, and whether the applicant had acted in good faith during the bargaining process. Additionally, the commission examined whether the changes were consistent with the principles of good faith bargaining and whether there were any provisions that could be subject to a safety net safety net application.

After examining the evidence and submissions from both parties, the commission found that the changes were necessary to improve efficiency and adapt to market changes. The commission determined that the applicant had acted in good faith and that the changes were in the interests of fairness and equity for the employees. The commission also concluded that the changes were consistent with the principles of good faith bargaining and that the safety net provisions did not apply. Therefore, the application for variation of the enterprise agreement was approved with the changes set out in the orders. The decision highlighted the importance of balancing the needs of the business with the rights and interests of the employees, and the role of the commission in ensuring fair and effective enterprise agreements.

Multiworks Australia Pty Ltd T/A Multiworks

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established