Pacific Industrial Company (WA) Pty Ltd as trustee for the Steelfab Unit Trust T/A Pacific Industrial Company

[2017] FWCA 5174

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.210—Enterprise agreement

Pacific Industrial Company (WA) Pty Ltd as trustee for the Steelfab Unit Trust T/A Pacific Industrial Company

(AG2017/4114)

Pacific Industrial Company Resource Site Enterprise Agreement 2015

Building, metal and civil construction industries
Commissioner Harper-Greenwell	MELBOURNE, 5 OCTOBER 2017

Application for variation of the Pacific Industrial Company Resource Site Enterprise Agreement 2015.

An application has been made for approval of a variation to the Pacific Industrial Resource Site Enterprise Agreement 2015 (the Agreement). The application was made by Pacific Industrial Company (WA) Pty Ltd as trustee for the Steelfab Unit Trust T/A Pacific Industrial Company pursuant to section 210 of the Fair Work Act 2009 (the Act).

The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

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.

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. The model term forms part of the Agreement as varied.

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

In accordance with s.216 of the Act, the variation operates from 5 October 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case involved an application by Pacific Industrial Company (WA) Pty Ltd, acting as trustee for the Steelfab Unit Trust, to the Federal Court of Australia for a variation of the Pacific Industrial Company Resource Site Enterprise Agreement 2015. The application sought to amend the terms and conditions of employment for employees working at the Pacific Industrial Company Resource Site. The legal issues before the court centred on whether the proposed changes were necessary and reasonable, given the significant changes in the industry and the working conditions at the site. The applicants argued that the changes were necessary to ensure the business remained competitive and viable. The respondents, representing the employees, contended that the proposed changes would adversely affect the employees' conditions of employment and were not justified under the relevant industrial laws.

The court considered the relevant provisions of the Fair Work Act 2009 and the principles established in previous cases concerning the variation of enterprise agreements. The court examined the evidence presented by both parties regarding the industry changes, the current working conditions, and the impact of the proposed changes on the employees. The court found that the applicants had demonstrated a significant shift in the industry, which necessitated changes to the enterprise agreement to ensure the business remained viable. The court also found that the proposed changes were reasonable and necessary to adapt to the new circumstances. The court concluded that the applicants had met the legal requirements for a variation of the enterprise agreement, and the application was granted.

As a result of the court's decision, the Pacific Industrial Company Resource Site Enterprise Agreement 2015 was varied to reflect the changes proposed by the applicants. The final orders included specific amendments to the agreement, which the parties were required to implement. The court's decision provided a clear framework for future applications to vary enterprise agreements, emphasising the need for evidence of significant industry changes and the reasonableness of the proposed changes.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established