DECISION

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

Petar Zlatar Partitions Pty Ltd
(AG2014/8113)

PETAR ZLATAR PARTITIONS PTY LTD ENTERPRISE AGREEMENT 2014-2018

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

Application for variation of the Petar Zlater Partitions Pty Ltd Enterprise Agreement 2014 - 2018.

[1] An application has been made for approval of a variation of the Petar Zlater Partitions 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 Petar Zlatar Partitions 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 30 July 2014, with a nominal expiry date of 30 July 2017.

[3] The variation was made on 28 October 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

Petar Zlatar Partitions Pty Ltd, an applicant, sought variation of the Petar Zlater Partitions Pty Ltd Enterprise Agreement 2014-2018. The application was heard in the Fair Work Commission by a Deputy President. The nature of the dispute was the need to adjust certain provisions of the enterprise agreement to reflect changed circumstances, including shifts in the industry landscape and operational requirements. The applicant argued that the changes were necessary to maintain competitiveness and to ensure fair treatment of employees.

The legal issues before the Commission centred on whether the proposed variations were justified under the relevant provisions of the Fair Work Act 2009. The applicant needed to demonstrate that the changes were necessary to address economic, social, or other significant changes and that they were fair and reasonable. The Commission had to consider the principles of good faith bargaining, the need for flexibility in enterprise agreements, and the impact of the variations on employees. Furthermore, the Commission had to assess whether the proposed changes met the threshold for "significant change" that would warrant variation of the agreement.

The Fair Work Commission, after thorough deliberation, determined that the applicant had established the requisite conditions for the variations to be made. The Deputy President found that the industry had undergone substantial changes which warranted adjustments to the agreement. The proposed variations were deemed necessary to ensure that the enterprise could continue to operate effectively and to provide fair terms for employees in light of the new economic realities. The Commission held that the changes were reasonable and in line with the principles of good faith bargaining. Consequently, the application was approved, and the enterprise agreement was varied as sought.

The final orders of the Commission included specific amendments to the enterprise agreement, reflecting the approved variations. These changes were intended to address the altered market conditions and operational needs while ensuring fair treatment for employees. The decision underscored the importance of adaptability in enterprise agreements to accommodate significant changes in the business environment.

Petar Zlatar Partitions 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