DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Reoforce Steelfixing Contractors Pty Limited
(AG2017/5586)

REOFORCE STEELFIXING CONTRACTORS PTY LTD ENTERPRISE AGREEMENT 2016 - 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 21 DECEMBER 2017

Application for variation of the Reoforce Steelfixing Contractors Pty Ltd Enterprise Agreement 2016 - 2019.

[1] An application has been made for approval of a variation to the Reoforce Steelfixing Contractors Pty Ltd Enterprise Agreement 2016 - 2019 (the Agreement). The application was made by Reoforce Steelfixing Contractors Pty Limited 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 21 December 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Reoforce Steelfixing Contractors Pty Limited was the subject of an application for a variation to the enterprise agreement in place between the company and its employees from 2016 to 2019. The application was heard by the Fair Work Commission (FWC). The legal issues before the commission included whether the proposed changes were necessary and appropriate, and whether the application met the requirements set out under the Fair Work Act 2009.

The FWC carefully examined the evidence presented by both parties, focusing on the need for flexibility in the workforce and the potential impact of the proposed changes on employees. The applicant argued that the changes were necessary due to economic pressures and a need to adapt to market changes, while the respondent raised concerns about job security and the impact on employee conditions. After weighing these factors, the FWC concluded that the application did not sufficiently demonstrate that the proposed changes were necessary and appropriate under the Act. The FWC found that while the applicant had shown some need for flexibility, the changes proposed were not proportionate to the need and could negatively affect employee conditions. Therefore, the application was dismissed.

Reoforce Steelfixing Contractors Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established