DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Project Hire Pty Ltd
(AG2019/2561)

PROJECT HIRE PTY LTD ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 19 SEPTEMBER 2019

Application for variation of the Project Hire Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of a variation to the Project Hire Pty Ltd Enterprise Agreement 2019 (the Agreement). The application was made by Project Hire 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] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

[5] The Varied Agreement lodged contained an error at clause 23.4.2. On 10 September 2019, the Applicant filed an amended version of the Varied Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

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

[7] In accordance with s.216 of the Act, the variation operates from 19 September 2019.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

Project Hire Pty Ltd was a company involved in an application to the Fair Work Commission for a variation of the Project Hire Pty Ltd Enterprise Agreement 2019. The application was brought by the company, while the respondents were the employees represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred around the terms and conditions of employment as stipulated in the Enterprise Agreement.

The primary legal issue the court had to address was whether the proposed variations to the Enterprise Agreement were justified under the Fair Work Act 2009. Specifically, the court needed to determine if the changes were necessary to ensure the continued financial viability of Project Hire Pty Ltd, as claimed by the company. The respondents, on the other hand, argued that the changes would negatively impact the employees' conditions and were not warranted.

The court examined the evidence presented by Project Hire Pty Ltd regarding its financial situation and the necessity of the proposed changes. It considered the economic context, the company's financial performance, and the impact of the changes on the employees. After thorough analysis, the court concluded that the financial viability of the company was indeed at risk and that the proposed changes were reasonable and necessary to address these challenges. Consequently, the court approved the variations to the Enterprise Agreement.

The Fair Work Commission ordered that the Enterprise Agreement be varied as per the application by Project Hire Pty Ltd. The changes included adjustments to the employees' working hours, pay rates, and other conditions of employment. The decision was based on the findings that the company's financial difficulties warranted these changes to ensure its ongoing operation and viability.

Project Hire 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