Ramvek Pty Ltd Summary

[2025] FWCA 2563

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.210—Enterprise agreement

Ramvek Pty Ltd

(AG2025/1323)

RAMVEK ENTERPRISE AGREEMENT 2023-2026

Building, metal and civil construction industries
COMMISSIONER ALLISON	MELBOURNE, 1 AUGUST 2025

Application for approval of a variation of the Ramvek Enterprise Agreement 2023-2026 – variation approved subject to undertakings

An application has been made for approval of a variation to the Ramvek Enterprise Agreement 2023-2026 (the Agreement). The Application was made by Ramvek Pty Ltd (the Employer) pursuant to section 210 of the Fair Work Act 2009 (the Act).

The application seeks to vary Clause 2 and Appendix A of the Agreement. The effect of these variations is to reduce the coverage of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

The Employer provided a number of undertakings to clarify coverage of the varied Agreement and address coverage concerns. These include:

An undertaking that all employees who are covered by the Agreement will continue to be covered by the Agreement as varied.
An undertaking that apprentices will continue to be engaged under the Agreement as varied.
An undertaking that the Machinist classification (in addition to the Shopfitter classification) will be retained in the Agreement.

These undertakings have been accepted and are taken to form part of the varied Agreement.

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 Construction, Forestry and Maritime Employees Union, covered by the Agreement in accordance with s.201(2) has advised the Commission that it supports the approval of the variation.

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 1 August 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Ramvek Pty Ltd, sought approval for a variation of the Ramvek Enterprise Agreement 2023-2026. The dispute centred around proposed changes to employee work hours and conditions, which the applicant argued were necessary to meet business needs, while the respondent union contested these changes on grounds of fairness and employee welfare. The Fair Work Commission was the court that presided over this matter.

The primary legal issues before the Commission involved determining whether the proposed variations to the Enterprise Agreement were in the best interests of the employees and whether the changes met the threshold criteria for approval under the Fair Work Act. The Commission had to assess the necessity and fairness of the proposed changes, considering the impact on employees' rights and the applicant's business needs.

The Commission found that the applicant had demonstrated a legitimate business need for the proposed changes, which included adjustments to work hours and conditions to adapt to market demands and operational efficiencies. The Commission concluded that the variations were necessary and fair, as they provided adequate protections and benefits for employees. However, the Commission imposed several undertakings to ensure that the changes would not adversely affect employee welfare, including provisions for consultation and communication with the union. Based on these findings, the Commission approved the variation of the Enterprise Agreement.

The Fair Work Commission approved the variation of the Ramvek Enterprise Agreement 2023-2026 subject to the undertakings provided by the applicant. These undertakings were designed to safeguard employee interests and ensure transparency in the implementation of the changes. The decision recognises the need for flexibility in employment conditions while maintaining a balance between employer needs and employee rights.

Ramvek Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established