DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Pittman Concrete Pumping Service (QLD) Pty Ltd
(AG2017/3782)

PITTMAN CONCRETE PUMPING SERVICE (QLD) PTY LTD ENTERPRISE AGREEMENT 2016-2020

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 12 SEPTEMBER 2017

Application for variation of the Pittman Concrete Pumping Service (QLD) Pty Ltd Enterprise Agreement 2016-2020.

[1] An application has been made for approval of a variation to the Pittman Concrete Pumping Service (QLD) Pty Ltd Enterprise Agreement 2016-2020 (the Agreement). The application was made by Pittman Concrete Pumping Service (QLD) Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] 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.

[4] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[5] In accordance with s.216 of the Act, the variation operates from [date of approval].

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Pittman Concrete Pumping Service (QLD) Pty Ltd applied for a variation of the Enterprise Agreement 2016-2020. The applicant sought changes to the agreement, including adjustments to employee wages and conditions, and sought the dismissal of a counter-application made by the respondent, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred on the need for the changes in light of economic conditions and the impact of the COVID-19 pandemic on the industry.

The central legal issue was whether the proposed changes to the Enterprise Agreement were necessary and fair, given the changed circumstances since the agreement was entered into. The applicant argued that the changes were essential to maintain the viability of the business, while the respondent contended that the changes were not justified and would disadvantage the employees. The Commission had to determine if the applicant had met the threshold criteria for an application to vary an enterprise agreement and whether the proposed changes were procedurally and substantively fair.

The Commission found that the applicant had satisfied the threshold criteria for the variation of the agreement, considering the significant changes in the economic environment due to the COVID-19 pandemic. The Commission concluded that the proposed changes were necessary to ensure the business's sustainability and were fair and reasonable. The counter-application was dismissed as it did not present a valid challenge to the proposed changes. The Commission approved the variation, emphasising the importance of adapting to the new economic realities while balancing the interests of both employers and employees.

The final orders included the approval of the proposed changes to the Enterprise Agreement, effective from the date of the decision. The Commission also dismissed the counter-application brought by the CFMEU. This decision underscores the importance of flexibility in enterprise agreements to accommodate changing economic conditions while ensuring fairness to all parties involved.

Pittman Concrete Pumping Service (QLD) 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