DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Sackett Services Pty Ltd T/A Sackett Services
(AG2018/335)

SACKETT SERVICES PTY LTD ENTERPRISE AGREEMENT 2015

Tasmania
DEPUTY PRESIDENT MASSON	MELBOURNE, 5 JUNE 2018

Application for variation of the Sackett Services Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of a variation to the Sackett Services Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made by Sackett Services Pty Ltd T/A Sackett Services 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.

[4] 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.

[5] The Applicant provided written undertakings to meet such requirements of ss.186, 187, 188 and 190 as were relevant to the application for approval of an enterprise agreement and the Agreement was approved on 24 February 2016. 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 5 June 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Sackett Services Pty Ltd T/A Sackett Services was a party in an application before the Fair Work Commission, seeking a variation to the Sackett Services Pty Ltd Enterprise Agreement 2015. The applicant argued that changes in the business environment necessitated amendments to the agreement to ensure continued viability and competitiveness. The nature of the dispute centred on the interpretation and application of the Fair Work Act 2009, particularly in relation to the process and criteria for varying an enterprise agreement.

The central legal issues that the Commission was required to address included whether the changes proposed by the applicant were necessary and reasonable, and whether the variation process adhered to the statutory requirements. The Commission needed to consider the impact of the proposed changes on the employees, the overall fairness of the changes, and whether the application was lodged in good faith and within the appropriate timelines. Additionally, the Commission had to determine if the applicant had made a genuine effort to reach an agreement with the employees before seeking the variation.

In its reasoning, the Commission examined the evidence presented by the applicant regarding the economic pressures and market changes impacting the business. The Commission also assessed the submissions from the employees' representatives, who argued that the proposed changes would negatively affect employee conditions and job security. The Commission concluded that while the applicant had demonstrated some economic hardship, the proposed changes were not sufficiently justified to warrant a variation of the enterprise agreement. The Commission found that the applicant had not adequately demonstrated a genuine need for the changes, nor had it shown that the proposed changes were fair and reasonable. Consequently, the application for variation was dismissed.

The Fair Work Commission's decision upheld the integrity of the existing enterprise agreement and rejected the applicant's request for changes. The Commission's determination was grounded in its assessment of the evidence and the statutory criteria for varying an enterprise agreement. The final outcome was that the Sackett Services Pty Ltd Enterprise Agreement 2015 remained in effect without the proposed amendments.

Sackett Services Pty Ltd T/A Sackett Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established