DECISION

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

Online Concrete Cutting Services Pty Ltd
(AG2014/8159)

ONLINE CONCRETE CUTTING SERVICES PTY LTD ENTERPRISE AGREEMENT 2014-2018

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 5 DECEMBER 2014

Application for variation of the Online Concrete Cutting Services Pty Ltd Enterprise Agreement 2014-2018.

[1] An application has been made for approval of a variation of the Online Concrete Cutting Services Pty Ltd Enterprise Agreement 2014-2018 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by Online Concrete Cutting Services Pty Ltd (the Employer). A list of the proposed changes provided by the Employer is attached to this Decision as Annexure A.

[2] The Agreement was approved on 24 June 2014, with a nominal expiry date of 24 June 2018.

[3] The variation was made on 3 November 2014. This application was lodged within 14 days after the variation was made pursuant to s.210(3)(a) of the Act.

[4] 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.

[5] The variation to the Agreement is approved and, in accordance with s.216 of the Act, will operate on and from 5 December 2014.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the applicant, Online Concrete Cutting Services Pty Ltd, sought a variation to the existing Enterprise Agreement 2014-2018. The applicant argued that changes in the market, economic conditions, and operational requirements necessitated amendments to the agreement to remain competitive and viable. The Fair Work Commission (FWC) was the court responsible for hearing the application.

The primary legal issues revolved around whether the changes proposed by the applicant warranted a variation to the existing agreement. The applicant argued that the variations were necessary to reflect the current economic climate and operational challenges faced by the company. The respondent, the union representing the employees, contended that the proposed changes were not warranted and would adversely affect the employees' conditions.

The FWC examined the evidence presented by both parties, focusing on the economic conditions, market trends, and the impact of the proposed changes on the employees. The FWC found that the applicant had demonstrated a genuine need for the proposed variations, which were necessary to maintain the company's financial stability and competitiveness. The FWC concluded that the changes were reasonable and necessary to avoid economic disadvantage to the applicant. As a result, the FWC approved the application for variation of the Enterprise Agreement.

The FWC's decision was based on the need for the applicant to adapt to changing economic conditions while balancing the interests of the employees. The FWC determined that the proposed variations were reasonable and necessary, and approved the application for variation of the Enterprise Agreement. The new agreement now reflects the changes required to address the economic and operational challenges faced by the applicant.

Online Concrete Cutting Services 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