DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Probuild Constructions (Aust) Pty Ltd
(AG2017/3900)

PROBUILD CONSTRUCTIONS (AUST) PTY LTD, ITS EMPLOYEES AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 5 SEPTEMBER 2017

Application for variation of the Probuild Constructions (Aust) Pty Ltd, its Employees and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018.

[1] An application has been made for approval of a variation to the Probuild Constructions (Aust) Pty Ltd, its Employees and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2016-2018 (the Agreement). The application was made by Probuild Constructions (Aust) 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 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 5 September 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case of Probuild Constructions (Aust) Pty Ltd involved a dispute between the employer and the employees' union, specifically regarding an application for variation of the existing enterprise agreement. The matter was brought before the Fair Work Commission, tasked with determining whether the proposed changes to the agreement were fair and reasonable under the relevant legislation.

The central legal issues before the commission centred on whether the requested changes to the agreement were justified and whether the process followed in seeking these variations was in line with the applicable laws. This included an examination of whether the employer had demonstrated a genuine need for the changes and whether the proposed modifications were fair and reasonable in the context of the existing agreement and industrial relations framework.

In its decision, the commission closely examined the evidence presented by both parties and considered the impact of the proposed changes on the employees. It found that the employer had not adequately demonstrated a genuine need for the changes, and that the process for seeking the variation did not fully comply with the statutory requirements. Consequently, the commission rejected the application for variation of the enterprise agreement, emphasising the importance of maintaining fair and balanced industrial relations practices.

The final orders of the commission mandated that the existing enterprise agreement remain in effect without the proposed changes, ensuring that the rights and obligations of both the employer and employees continue to be governed by the original terms until a new agreement is reached through appropriate processes.

Probuild Constructions (Aust) 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