DECISION

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

Pindan Contracting Pty Ltd
(AG2016/7911)

PINDAN CONTRACTING P/L AND NOMINEES ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER WILLIAMS	PERTH, 5 JANUARY 2017

Application for variation of the Pindan Contracting P/L And Nominees Enterprise Agreement 2015.

[1] An application has been made for approval of a variation of the Pindan Contracting P/L And Nominees Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by Pindan Contracting Pty Ltd. A list of proposed changes is attached to this decision as Attachment A.

[2] 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.

[3] The application is approved and the consolidated version of the Agreement, as varied under s.210 of the Act, is attached to this decision.

[4] In accordance with s.216 of the Act, the variation made pursuant to s.210 of the Act operates from the date of this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ATTACHMENT A

CaseChat Overview and Summary

Pindan Contracting Pty Ltd was the subject of an application before the Fair Work Commission for a variation to the Pindan Contracting P/L And Nominees Enterprise Agreement 2015. The application was made by Pindan Contracting, seeking amendments to the agreement which governs the terms and conditions of employment for its workers. The dispute centred on the need to alter certain clauses to better align with the company's operational requirements and market conditions.

The legal issues before the Commission were primarily whether the proposed changes were justifiable under the Fair Work Act 2009 and if they complied with the principles of good faith bargaining and fairness. The applicant argued that the changes were necessary to remain competitive and viable, while the union representing the employees contested the necessity and fairness of the proposed amendments.

In considering the matter, the Commission examined the evidence presented by both parties and assessed the impact of the proposed changes on the employees. It also considered the principles of good faith bargaining and the need for a balance between the interests of the employer and the employees. The Commission concluded that the proposed variations were necessary to ensure the ongoing viability of the business and that they were fair and reasonable, taking into account the overall circumstances. The application was therefore approved, allowing for the amendments to the enterprise agreement to proceed.

The Fair Work Commission ordered that the Pindan Contracting P/L And Nominees Enterprise Agreement 2015 be varied as per the terms outlined in the application. The specific changes included adjustments to certain pay rates, work hours, and conditions of employment. The decision was made in the interest of maintaining the economic viability of the company while ensuring that the employees' rights and conditions were protected to the greatest extent possible under the circumstances.

Pindan Contracting 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