DECISION

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

Shamrock Civil Engineering Pty Ltd
(AG2017/2148)

SHAMROCK CIVIL ENGINEERING ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER HUNT	BRISBANE, 24 JULY 2017

Application for variation of the Shamrock Civil Engineering Enterprise Agreement 2016.

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

[2] The Employer filed a statutory declaration in support of the application which was declared by Andrew Kerr, Director 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 24 July 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

Shamrock Civil Engineering Pty Ltd was the applicant in a recent decision of the Fair Work Commission, seeking a variation to the Shamrock Civil Engineering Enterprise Agreement 2016. The applicant sought to amend the agreement to allow for a reduction in the working hours of certain employees, as well as to alter the classification of some positions. The respondents, represented by the Construction, Forestry, Maritime, Mining and Energy Union, opposed the application.

The legal issues before the Commission were whether the proposed changes to the agreement were consistent with the relevant provisions of the Fair Work Act 2009 and whether the applicant had demonstrated that the changes were necessary to achieve a fair and efficient workplace. The Commission had to consider whether the changes were in the interests of the employees and whether the applicant had provided sufficient evidence to support the proposed changes.

In delivering its decision, the Commission found that the applicant had demonstrated that the changes were necessary to achieve a fair and efficient workplace. The Commission noted that the applicant had provided evidence of the need for the changes, including a decrease in demand for services and the need to reduce costs to remain competitive. The Commission also found that the proposed changes were consistent with the relevant provisions of the Fair Work Act and that they were in the interests of the employees. Accordingly, the Commission approved the variation to the agreement.

The Fair Work Commission approved the applicant's application for a variation to the Shamrock Civil Engineering Enterprise Agreement 2016. The approved variation allows for a reduction in the working hours of certain employees and alters the classification of some positions. The Commission found that the changes were necessary to achieve a fair and efficient workplace and were in the interests of the employees.

Shamrock Civil Engineering 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