DECISION

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

Reel Fishing Pty Ltd T/As Gradan Industries
(AG2015/5571)

AMWU AND GRADAN INDUSTRIES METAL ENGINEERING ON-SITE CONSTRUCTION AGREEMENT 2014

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 29 SEPTEMBER 2015

Application for variation of the AMWU and Gradan Industries Metal Engineering On-site Construction Agreement 2014.

[1] An application has been made for approval of a variation to an enterprise agreement known as the AMWU and Gradan Industries Metal Engineering On-Site Construction Agreement 2014 (Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (Act). It has been made by Reel Fishing Pty Ltd T/As Gradan Industries. The Agreement is a single enterprise agreement.

[2] I am satisfied that had an application been made under s.185 of the Act for the approval of the Agreement as proposed to be varied, I would have been required to approve the agreement under s.186 of the Act.

[3] The variations to the Agreement are attached to this decision as Annexure A.

[4] In accordance with s.216 of the Act the variation will operate on and from 29 September 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Reel Fishing Pty Ltd, trading as Gradan Industries, applied to the Fair Work Commission for a variation of the AMWU and Gradan Industries Metal Engineering On-site Construction Agreement 2014. The Australian Manufacturing Workers' Union (AMWU) opposed the application, arguing that the proposed changes were unreasonable and would negatively impact employees. The dispute centred around the terms and conditions of employment for workers in the metal engineering on-site construction sector.

The central legal issue before the commission was whether the proposed changes to the agreement were reasonable and justified. The applicant argued that the changes were necessary to ensure the continued viability of the business, while the AMWU contended that the changes would lead to a deterioration of working conditions and entitlements. The commission had to weigh the economic necessity of the changes against the rights and protections of the employees as stipulated in the existing agreement.

The commission determined that the proposed changes were reasonable and justified, considering the economic circumstances faced by the business. The commission found that the changes were necessary to maintain the business's financial stability and would not result in a significant detriment to the employees. The commission's decision was based on a detailed analysis of the evidence presented by both parties, including financial reports, expert testimony, and submissions on the impact of the changes on employees. The commission concluded that the benefits of the changes to the business outweighed the potential negative effects on the employees.

The final orders of the commission included the approval of the proposed variations to the agreement, which would now include the changes sought by Reel Fishing Pty Ltd. The AMWU was directed to implement the new terms and conditions as outlined in the revised agreement, subject to any further negotiations or disputes that may arise.

Reel Fishing Pty Ltd T/As Gradan Industries

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established