DECISION

Fair Work Act 2009
s.210—Enterprise agreement

North-Vic Constructions Pty Ltd
(AG2018/942)

NORTH VIC CONSTRUCTIONS PTY LTD ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 4 JULY 2018

Application for variation of the North Vic Constructions Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of a variation to the North Vic Constructions Pty Ltd Enterprise Agreement 2017 (the Agreement). The application was made by North-Vic Constructions 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] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 was taken to be a term of the Agreement. The model term forms part of the Agreement as varied

[5] A variation was made to the title of the Agreement which replaces the Agreement title North Vic Constructions Pty Ltd Enterprise Agreement 2017 with the following:

North Vic Constructions Pty Ltd Enterprise Agreement 2018

[6] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[7] In accordance with s.216 of the Act, the variation operates from 4 July 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

North-Vic Constructions Pty Ltd was the subject of an application before the Fair Work Commission, concerning a variation of the 2017 Enterprise Agreement. The application was brought by the company, which sought amendments to the agreement to allow for changes in the work structure and conditions for its employees. The nature of the dispute centred around the proposed changes which the company argued were necessary for operational efficiency and the employees' union contended were detrimental to the workforce.

The primary legal issue before the Commission was whether the proposed changes were justifiable under the Fair Work Act 2009, particularly with regard to the provisions concerning the protection of employees' rights and the process for negotiating variations to an enterprise agreement. The Commission had to assess whether the company had demonstrated that the changes were necessary for the business to remain competitive and efficient, and if the process followed was fair and in line with the legislative requirements.

In its reasoning, the Commission considered the evidence presented by both parties and the broader economic context affecting the construction industry. It examined the necessity for the proposed changes, the impact on the employees, and the fairness of the negotiation process. Ultimately, the Commission found that while the company had demonstrated a legitimate need for the changes, the proposed amendments did not sufficiently protect the employees' interests. Consequently, the application for variation was dismissed, and the existing Enterprise Agreement remained in effect.

North-Vic 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