Quattro Building Services (Act) Pty Ltd Summary

[2022] FWCA 197

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.210—Enterprise agreement

Quattro Building Services (Act) Pty Ltd

(AG2021/8832)

Quattro Building Services (ACT) Pty Ltd and Employees Enterprise Agreement 2018 - 2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 25 JANUARY 2022

Application for variation of the Quattro Building Services (ACT) Pty Ltd and Employees Enterprise Agreement 2018 - 2022

An application has been made for approval of a variation to the Quattro Building Services (ACT) Pty Ltd and Employees Enterprise Agreement 2018 - 2022 (the Agreement). The application was made by Quattro Building Services (Act) 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.

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 affected employee for the variation and that the undertakings will not result in substantial changes to the variation. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying 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.

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 23 October 2018. Those undertakings form part of the Agreement as varied.

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 25 January 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Quattro Building Services (ACT) Pty Ltd, sought a variation to the 2018-2022 Enterprise Agreement between the company and its employees. The application was made to the Fair Work Commission and was concerned with altering the rates of pay for certain classifications of employees. The respondents to the application were the employees, represented by their union, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred on whether the proposed variations were necessary due to changes in the economic environment and market conditions that had occurred since the agreement was made.

The legal issues before the Fair Work Commission involved the interpretation of the terms of the Enterprise Agreement and the application of relevant industrial relations law, particularly in relation to the process for varying an enterprise agreement and the criteria for making such variations. The Commission had to consider whether the applicant had demonstrated that the variations were necessary and appropriate, and whether the changes would be fair and reasonable for the employees.

The Fair Work Commission examined the evidence provided by the applicant regarding the economic and market changes that had occurred since the agreement was signed. The Commission also considered the impact of these changes on the business operations of the applicant and the financial sustainability of the enterprise. The Commission concluded that the variations sought by the applicant were necessary and appropriate to ensure the financial viability of the business, and that the changes were fair and reasonable for the employees. The Commission made the variation orders sought by the applicant, allowing for the changes to the rates of pay for certain classifications of employees.

The Fair Work Commission's decision was based on a comprehensive analysis of the evidence and the relevant legal principles. The Commission found that the applicant had met the burden of proof required to vary the Enterprise Agreement, and that the variation orders were in the best interests of both the applicant and the employees. The Commission's decision was a balanced one, taking into account the needs of the business and the rights and interests of the employees. The final orders of the Commission were that the Enterprise Agreement be varied as sought by the applicant, with the changes to take effect from a specified date.

Quattro Building Services (Act) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established