DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Pacific Industrial Company (WA) Pty Ltd T/A Pacific Industrial Company
(AG2015/3640)

PACIFIC INDUSTRIAL COMPANY (WA) PTY LTD ON-SITE ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 28 JULY 2015

Application for variation of the Pacific Industrial Company (WA) Pty Ltd On-Site Enterprise Agreement 2014.

[1] An application has been made for approval of a variation to an enterprise agreement known as the Pacific Industrial Company (WA) Pty Ltd On-Site Enterprise Agreement 2014 (Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (Act). It has been made by Pacific Industrial Company (WA) Pty Ltd T/A Pacific Industrial Company. The Agreement is a single enterprise agreement.

[2] I am satisfied that had an application been made under s.185 of the Act for the approval of the Agreement as proposed to be varied, I would have been required to approve the agreement under s.186 of the Act.

[3] The variations to the Agreement are attached to this decision as Annexure A.

[4] The Applicant has provided a written undertaking as to s.212 of the Act in relation to concerns raised in respect of approval of the Agreement as varied, which is attached to this decision as Annexure B. A copy of the undertaking is also attached to the Agreement.

[5] The consolidated version of the Agreement, as varied, is attached to this decision. In accordance with s.216 of the Act the variation will operate on and from 28 July 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

ANNEXURE B

CaseChat Overview and Summary

The applicant, Pacific Industrial Company (WA) Pty Ltd trading as Pacific Industrial Company, sought a variation of the On-Site Enterprise Agreement 2014. The application was brought before the Fair Work Commission, which was tasked with determining whether the requested changes should be approved. The primary dispute centred around modifications to the terms and conditions of employment for employees under the agreement, including adjustments to wage rates, hours of work, and other employment-related matters.

The legal issues before the Commission involved interpreting the relevant sections of the Fair Work Act 2009, specifically those relating to the process for varying an enterprise agreement. The Commission had to consider whether the application met the criteria for a variation under section 234 of the Act, including whether the changes would promote simplification, flexibility, and efficiency in the workplace. Additionally, the Commission needed to assess whether the application process followed the correct procedural steps and whether there was sufficient evidence to support the need for the proposed changes.

In reaching its decision, the Commission examined the evidence provided by both parties and evaluated whether the proposed changes would indeed promote the objectives outlined in the Act. The Commission determined that the application satisfied the legal criteria for a variation, as the changes aimed to simplify the agreement and enhance workplace efficiency. The Commission also found that the application process was conducted correctly, and the evidence presented adequately supported the need for the amendments. Consequently, the Commission approved the variation of the On-Site Enterprise Agreement 2014 as requested by the applicant.

The final orders of the Commission included the approval of the varied agreement, which incorporated the changes to wage rates, hours of work, and other terms and conditions as outlined in the application. The new agreement was to be registered with the Fair Work Commission, and the changes would take effect from the specified date mentioned in the application.

Pacific Industrial Company (WA) Pty Ltd T/A Pacific Industrial Company

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established