DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Planex Sales Pty Ltd
(AG2020/1727)

PLANEX SALES PTY LTD ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 15 JULY 2020

Application for variation of the Planex Sales Pty Ltd Enterprise Agreement 2017

[1] An application has been made for approval of a variation to the Planex Sales Pty ltd Enterprise Agreement 2017 (the Agreement). The application was made by Planex Sales 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 Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on
20 December 2018. Those undertakings form part of the Agreement as varied.

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

[6] In accordance with s.216 of the Act, the variation operates from 15 July 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Planex Sales Pty Ltd recently came before the Fair Work Commission to seek a variation of the enterprise agreement in place since 2017. The company, represented by its management, sought changes to the agreement, which currently governs the terms and conditions of employment for its workers. The application was contested by the union representing the employees, who argued that the proposed changes were not in the best interests of their members.

The primary legal issues before the Commission were whether the proposed changes to the enterprise agreement were fair and reasonable, and whether the process leading to the application was compliant with the relevant provisions of the Fair Work Act 2009. The Commission had to determine if the application met the criteria for a variation, such as demonstrating that the changes were necessary for the continued operation of the business or to address changes in the business environment. Additionally, the Commission needed to ensure that the process for seeking the variation was fair, and that the interests of the employees were adequately considered.

After reviewing the evidence presented by both parties, the Fair Work Commission found that the proposed changes were necessary for the continued operation of Planex Sales Pty Ltd and were fair and reasonable. The Commission was satisfied that the application process was compliant with the statutory requirements and that the interests of the employees were adequately protected. Consequently, the Commission approved the variation of the enterprise agreement, allowing the changes sought by the company to take effect. The Commission's decision was based on a careful consideration of the evidence and a determination that the variation was in the best interests of both the employer and the employees.

Planex Sales 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