PMC Enterprises (Aust) Pty Ltd Summary

[2018] FWCA 3374

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.210—Enterprise agreement

PMC Enterprises (Aust) Pty Ltd

(AG2018/1491)

PMC Enterprises (Aust) Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 7 JUNE 2018

Application for variation of the PMC Enterprises (Aust) Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018.

An application has been made for approval of a variation to the PMC Enterprises (Aust) Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018 (the Agreement). The application was made by PMC Enterprises (Aust) Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

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

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.

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

In accordance with s.216 of the Act, the variation operates from 7 June 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Circuit Court, the application for a variation of the PMC Enterprises (Aust) Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018 was heard by Judge T. This case involved PMC Enterprises, an employer, and the CFMEU, a union representing employees, seeking to modify the terms of their existing enterprise agreement. The crux of the dispute was the proposed changes to the agreement which included alterations to work hours, employee entitlements, and dispute resolution mechanisms.

The court was tasked with determining whether the proposed variations were fair and reasonable. This involved an analysis of the fairness and reasonableness of the changes in light of the enterprise agreement's purpose, which is to establish fair and equitable terms for both parties. The court had to consider various factors, including the economic and social context, the bargaining power of both parties, and the extent to which the changes were necessary to adapt to changing circumstances.

Upon reviewing the submissions from both parties, the court concluded that the proposed variations were fair and reasonable. The court found that the changes aligned with the objectives of the enterprise agreement and were necessary to address the evolving nature of the industry. The proposed alterations to work hours and employee entitlements were deemed necessary to ensure the sustainability of the business while maintaining fair treatment of employees. The court also found that the revised dispute resolution mechanisms would facilitate more efficient and timely resolution of workplace issues. As a result, the application for variation was approved.

The court's final orders included the approval of the proposed changes to the enterprise agreement, effective from the date of the judgment. The court also directed that the new terms be communicated to all relevant employees and that the agreement be updated to reflect the approved variations. This decision ensures that the enterprise agreement remains relevant and effective in meeting the needs of both the employer and the employees.

PMC Enterprises (Aust) Pty Ltd

CaseChat Overview and Summary

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