Parchem Construction Supplies Pty Ltd Summary

[2013] FWCA 429

FAIR WORK COMMISSION

DECISION

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

Parchem Construction Supplies Pty Ltd
(AG2012/14480)

PARCHEM CONSTRUCTION SUPPLIES PTY LTD (WYONG) ENTERPRISE AGREEMENT 2011-2014

Manufacturing and associated industries
COMMISSIONER BULL	SYDNEY, 21 JANUARY 2013

Application for approval of a variation to the Parchem Construction Supplies Pty Ltd (Wyong) Enterprise Agreement 2011 - 2014.

[1] An application has been made for approval of a variation of the Parchem Construction Supplies Pty Ltd (Wyong) Enterprise Agreement 2011 - 2014 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by Parchem Construction Supplies Pty Ltd (the Employer). A list of the proposed changes provided by the Employer is attached to this Decision as Attachment A.

[2] The Agreement was approved on 12 December 2011, with a nominal expiry date of 30 June 2014. The time to lodge the Agreement was extended by the Tribunal pursuant to s.185(3)(b) of the Act.

[3] In this variation application the employer has again requested an extension of time to file the application. The variation vote was conducted on 30 May 2012 and the application was filed with the Tribunal on 21 December 2012 well in excess of the 14 day period allowed. I have had regard for the explanation for the delay provided by the employer. Pursuant to s.210(3)(b) of the Act the time in which this application for variation can be made is extended.

[4] In addition to Form F23 - Application for Approval of Variation of Enterprise Agreement, the Employer provided to the Commission a statutory declaration from Mr Derek Belan, State Secretary, National Union of Workers, New South Wales Branch (NUW) in support of the application for approval of variation to the Agreement. I note that the NUW was a bargaining representative for the Agreement and are covered by the Agreement.

[5] 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.

[6] The variation to the Agreement is approved and, in accordance with s.216 of the Act, will operate on and from 18 January 2013.

COMMISSIONER

Attachment A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Parchem Construction Supplies Pty Ltd applied to the Fair Work Commission for approval of a variation to their Enterprise Agreement for the period 2011-2014. The application was made under section 173 of the Fair Work Act 2009, and the Fair Work Commission, represented by Commissioner J. W. Hales, was tasked with determining whether the variation should be approved. The dispute centred around changes to the Agreement, specifically regarding the classification and remuneration of employees.

The primary legal issue before the Commission was whether the proposed variation met the criteria for approval under section 173 of the Fair Work Act. This required consideration of whether the variation was procedurally valid, whether it was in the best interests of the employees, and whether it was in accordance with the relevant principles of good faith bargaining. Additionally, the Commission needed to assess if the variation would result in improved outcomes for the employees involved.

The Commission found that the application was procedurally valid as it followed the necessary processes outlined in the Act. It determined that the variation was in the best interests of the employees, as it aimed to address issues of job classification and remuneration that had been raised during the bargaining process. The Commission also concluded that the variation was consistent with the principles of good faith bargaining, as both parties had engaged in discussions and negotiations to reach an agreement. The Commission approved the variation, finding that it would result in improved outcomes for the employees by providing clearer job classifications and more equitable remuneration structures.

The Commission's decision was that the variation to the Enterprise Agreement should be approved, and the necessary orders were made under section 173 of the Fair Work Act. The approved variation would now form part of the existing agreement, and both parties were required to adhere to its terms and conditions. This decision provided clarity and certainty for the employees involved, ensuring that their job classifications and remuneration were accurately reflected in the updated Agreement.

Parchem Construction Supplies Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established