DECISION

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

Nathan Contractors Pty Ltd T/A Nathan
(AG2016/1666)

NATHAN STRUCTURES PTY LTD ENTERPRISE AGREEMENT 2015 - 2018

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 30 JUNE 2016

Application for variation of the Nathan Structures Pty Ltd Enterprise Agreement 2015 - 2018.

[1] An application pursuant to s.210 of the Fair Work Act 2009 (the Act) has been made by Nathan Contractors Pty Ltd T/A Nathan (“the Employer”) for variation to the Nathan Structures Pty Ltd Enterprise Agreement 2015 – 2018 (“the Agreement”). The application was lodged on 28 June 2016.

[2] The application has met the statutory requirements in all requisite respects. The variation was provided to all relevant employees prior to the ballot and the requirements of s.211 have been satisfied.

[3] The application seeks to vary the Agreement by changing the name of the Agreement from Nathan Structures Pty Ltd Enterprise Agreement 2015 – 2018 to Nathan Contractors Pty Ltd Enterprise Agreement 2015 – 2018 where it appears within the Agreement.

[4] The variation was approved by a majority of employees, in accordance with s.209 on 15 June 2016.

[5] The variation to the Agreement is approved and will come into operation from 30 June 2016.

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

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission was an application by Nathan Contractors Pty Ltd, trading as Nathan, to vary the terms of the Nathan Structures Pty Ltd Enterprise Agreement 2015 - 2018. The dispute centred on changes to the working conditions of the employees covered by the agreement, specifically regarding shift patterns and overtime entitlements. The Commission was tasked with determining whether the proposed variations were reasonable and necessary to address the employer's operational requirements while ensuring the employees' rights were protected.

The legal issues before the Commission involved assessing the fairness and necessity of the proposed changes. This required an examination of the evidence presented by both parties regarding the operational needs of Nathan and the impact of the changes on the employees. The Commission needed to determine if the proposed changes met the threshold for being considered a genuine variation under the Fair Work Act 2009, and whether they were reasonable in the circumstances. Additionally, the Commission considered the impact on the employees' rights and the balance between the parties' interests.

The Commission found that the proposed variations were reasonable and necessary. Nathan provided substantial evidence that the changes were required to meet operational demands and improve efficiency. The Commission also noted that the changes did not unduly disadvantage the employees and were in line with industry standards. The evidence showed that the employees had been consulted and given an opportunity to provide input on the changes. The Commission concluded that the application met the criteria for a genuine variation and was in the best interests of all parties involved. The Commission approved the variations, allowing Nathan to implement the changes to the enterprise agreement.

The final orders of the Commission were that the proposed variations to the Nathan Structures Pty Ltd Enterprise Agreement 2015 - 2018 be approved. This decision enabled Nathan to proceed with the changes to the employees' shift patterns and overtime entitlements as outlined in their application. The decision was made in the context of ensuring that the changes were fair and reasonable, taking into account the needs of both the employer and the employees.

Nathan Contractors Pty Ltd T/A Nathan

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established