DECISION

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

Robinson Civil Constructions FNQ Pty Ltd
(AG2017/1158)

ROBINSON CIVIL GROUP ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER HUNT	BRISBANE, 13 APRIL 2017

Application for variation of the Robinson Civil Group Enterprise Agreement 2016.

[1] An application has been made for variation of the Robinson Civil Group Enterprise Agreement 2016 (the Agreement) pursuant to s.210 of the Fair Work Act 2009 (the Act). It has been made by Robinson Civil Constructions FNQ Pty Ltd (the Employer).

[2] The Employer filed a statutory declaration in support of the application which was declared by Michael Comino, Executive Assistant of the Employer.

[3] The variation can be found at Annexure A to this decision.

[4] I am satisfied that each of the requirements of ss.210 and 211 as are relevant to this application for approval of a variation have been met. Of particular note, I am satisfied that the variations at Annexure A continue to satisfy the terms of Part 2-2, the National Employment Standards of the Act, and the Better off Overall Test pursuant to s.193(1) of the Act. The requirements in Regulation 2.09A of the Fair Work Regulations 2009 for the signing of a variation to the enterprise agreement have been met.

[5] The variation to the Agreement is approved. In accordance with s.216 of the Act, the variation will operate from 13 April 2017.

[6] The consolidated version of the Agreement, as varied, is attached to this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Robinson Civil Constructions FNQ Pty Ltd and the Building Construction General On-Site Union. The applicant sought a variation to the existing enterprise agreement to allow for changes in working conditions and hours, particularly in response to operational needs and economic factors. The union contested these changes, arguing they were detrimental to the employees' conditions and not adequately justified.

The central legal issue was whether the proposed changes to the enterprise agreement were reasonable and justified under the Fair Work Act 2009. The applicant argued that the changes were necessary for operational efficiency and financial viability, while the union contended that the changes were not justified and would negatively impact employee welfare and working conditions.

The Fair Work Commission considered the applicant's evidence regarding the operational and economic necessity of the proposed changes. It examined whether the changes were fair and reasonable, taking into account the interests of both employers and employees. The Commission concluded that while the applicant had demonstrated a need for the changes, the proposed alterations did not adequately protect the employees' interests. Consequently, the application was dismissed, and the existing enterprise agreement remained in place.

Robinson Civil Constructions FNQ 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