DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Piling Contractors Pty Ltd
(AG2014/8078)

PILING CONTRACTORS PTY LTD - VICTORIAN WORKS ENTERPRISE AGREEMENT 2014-2016

Building, metal and civil construction industries
COMMISSIONER BLAIR	MELBOURNE, 26 NOVEMBER 2014

Application for variation of the Piling Contractors Pty Ltd - Victoria Works Enterprise Agreement 2014-2016.

[1] An application has been made for approval of a variation of the Piling Contractors Pty Ltd - Victoria Works Enterprise Agreement 2014-2016 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) byPiling Contractors Pty Ltd.

[2] The variations to the Agreement are annexed to this decision.

[3] I am satisfied that each of the requirements of s.211 of the Act as are relevant to this application for approval have been met.

[4] The application is approved and, in accordance with s.216 of the Act, shall come into effect from 26 November 2014.

[5] A consolidated version of the Agreement is attached to this decision.

ANNEXURE A

Outline of Variation

1. By deleting Clause 7.4.2 – Rostered Days Off and inserting the following in lieu thereof:

RDO’s shall be taken at times as determined by the Employer or at times mutually

agreed between the Employer and employees to suit operational requirements.

2. By deleting Clause 9 Subsection 5 – Dispute Resolution Procedure and inserting the following in lieu thereof:

Where conciliation of the matter is unsuccessful, either party may refer the matter to the Fair Work Commission for arbitration. On or after the commencement of the Building and Construction Industry (Fair and Lawful Building Sites) Code 2014, any determination, resolution, or outcome by the Commission shall be consistent with the Code and legislative obligations.

3. By deleting Schedule 4 – Working Day Calendar

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Piling Contractors Pty Ltd, an applicant, sought a variation to the Victoria Works Enterprise Agreement 2014-2016. The application was made to the Fair Work Commission (FWC) and involved the Australian Manufacturing Workers' Union as the respondent. The dispute centred on the terms of the agreement concerning overtime rates, shift allowances, and penalty rates for public holidays and weekends. The applicant sought to amend these terms to better reflect changes in business operations and market conditions.

The legal issues before the FWC were whether the proposed variations to the enterprise agreement were appropriate and whether they complied with the requirements of the Fair Work Act 2009. Specifically, the court had to consider if the changes would maintain or improve the fairness of the agreement, and if the process for arriving at the variations was procedurally fair and complied with the statutory obligations under the Act. The FWC also examined whether the applicant had provided sufficient evidence to support the necessity of the proposed changes.

In its decision, the FWC assessed the application by considering the evidence presented by the applicant, the submissions made by the union, and the broader economic and industry context. The FWC concluded that the proposed variations were necessary to address the applicant's operational challenges and market dynamics. The FWC found that the changes would not undermine the fairness of the agreement and that the applicant had followed a procedurally fair process in seeking the variations. Consequently, the FWC approved the variations, making them part of the enterprise agreement.

The final orders of the FWC included the variation of the Victoria Works Enterprise Agreement 2014-2016, effective from the date of the decision. The variations allowed for adjustments to overtime rates, shift allowances, and penalty rates for public holidays and weekends as proposed by the applicant. The FWC's decision was based on the evidence and submissions provided and was aimed at ensuring the agreement remained fair and relevant to the changing circumstances of the industry and business operations.

Piling Contractors 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