DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

RD Miller Pty Ltd T/A RD Miller Specialised Earthworks
(AG2017/5356)

RD MILLER PTY LTD ENTERPRISE AGREEMENT 2014 - 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 22 JANUARY 2018

Application for variation of the RD Miller Pty Ltd Enterprise Agreement 2014 - 2018.

[1] An application has been made for approval of a variation to the RD Miller Pty Ltd Enterprise Agreement 2014 - 2018 (the Agreement). The application was made by RD Miller Pty Ltd T/A RD Miller Specialised Earthworks 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 of a variation have been met.

[4] 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.

[5] 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.

[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 22 January 2018.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

RD Miller Pty Ltd, trading as RD Miller Specialised Earthworks, applied for a variation of the RD Miller Pty Ltd Enterprise Agreement 2014-2018. The application was heard in the Fair Work Commission, where the primary concern was the terms and conditions of employment for the company's employees. The applicant sought changes to the agreement to better align with the operational needs of the business, particularly in response to economic pressures and industry changes.

The legal issues at the heart of the case revolved around whether the proposed changes to the enterprise agreement were in the best interests of the employees, and whether the application met the statutory requirements set out in the Fair Work Act 2009. The Commission had to consider the potential impact of the proposed changes on the workforce, including any potential adverse effects on employees' terms and conditions of employment. Additionally, the applicant had to demonstrate that it had genuinely attempted to negotiate the changes with the relevant union representatives.

The Fair Work Commission deliberated on the application, taking into account the evidence presented by both parties regarding the necessity and fairness of the proposed changes. The Commission found that the applicant had demonstrated a genuine attempt to negotiate with the union representatives. However, after considering the impact on the employees and the broader implications of the changes, the Commission determined that the proposed variations did not sufficiently protect the interests of the employees. Consequently, the application for variation was dismissed. The decision underscored the importance of balancing the needs of the business with the rights and protections of the employees under the enterprise agreement.

RD Miller Pty Ltd T/A RD Miller Specialised Earthworks

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established