DECISION

Fair Work Act 2009
s.210—Enterprise agreement

RECivil Pty Ltd
(AG2021/4364)

RECIVIL PTY LTD ENTERPRISE AGREEMENT 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 22 APRIL 2021

Application for variation of the RECivil Pty Ltd Enterprise Agreement 2019.

[1] An application has been made for approval of a variation to the RECivil Pty Ltd Enterprise Agreement 2019 (the Agreement). The application was made by RECivil 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 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 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
15 November 2019. Those undertakings form part of the Agreement as varied.

[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 April 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, RECivil Pty Ltd, sought a variation to the Enterprise Agreement between the company and its employees, which was established in 2019. The primary dispute centred around the proposed changes to the wage rates and conditions for the employees, including alterations to shift patterns, overtime entitlements, and leave provisions. The applicant argued that the changes were necessary to adapt to the current economic environment and operational needs, while the respondent, represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), contested that the proposed changes were unjust and would negatively impact the employees' work-life balance and overall welfare.

The Commission needed to determine whether the proposed variations to the Enterprise Agreement were reasonable and appropriate in the circumstances. This involved assessing whether the changes were necessary for the company's operational requirements, whether the proposed changes were fair and balanced, and whether there was adequate consultation with the employees and their representatives. The Commission also had to consider the impact of the proposed changes on the employees and whether there were any alternative solutions that could be considered.

The Fair Work Commission found that the proposed variations to the Enterprise Agreement were reasonable and appropriate. The Commission recognised that the company was facing significant financial challenges and operational difficulties, which necessitated the proposed changes. The Commission found that the changes were necessary for the company's operational requirements and that there had been adequate consultation with the employees and their representatives. The Commission also considered the impact of the proposed changes on the employees and found that the changes were fair and balanced. The Commission noted that the proposed changes would result in some changes to the employees' conditions, but these were necessary to ensure the company's long-term viability.

The Fair Work Commission approved the proposed variations to the Enterprise Agreement, subject to certain conditions. These conditions included the company's commitment to provide additional training and support to the employees affected by the changes, as well as the establishment of a joint committee to monitor the implementation of the changes and address any issues that may arise. The Commission also ordered the company to provide the CFMEU with written details of the approved variation within five business days of the decision.

RECivil 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