DECISION

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

Shamrock Civil Engineering Pty Ltd
(AG2017/1509)

SHAMROCK CIVIL ENGINEERING ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER HUNT	BRISBANE, 17 MAY 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 Brendan Kealy, Director of the Employer.

[3] The Australian Workers’ Union (AWU) are an employee organisation covered by the Agreement.

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

[5] 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.

[6] The variation to the Agreement is approved. In accordance with s.216 of the Act, the variation will operate from 17 May 2017.

[7] 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 a party to the Shamrock Civil Engineering Enterprise Agreement 2016, which regulated the employment conditions of their employees. A dispute arose concerning the variation of this agreement, leading to proceedings in the Fair Work Commission. The central issue before the Commission was whether the proposed changes to the enterprise agreement met the criteria for variation as outlined in the Fair Work Act 2009. Specifically, the Commission had to determine if the proposed changes were fair and reasonable, taking into account the overall balance of the agreement, and if the process for reaching the agreement was followed correctly.

The Commission examined the procedural fairness of the bargaining process and the substantive fairness of the proposed changes. The arguments presented by both parties focused on whether the changes were necessary to address the evolving nature of the industry and the working conditions of the employees. The applicant argued that the changes were essential to remain competitive and to ensure the sustainability of the business. The respondent, on the other hand, contended that the proposed changes would adversely affect the employees' conditions and did not meet the threshold of being fair and reasonable.

After thorough deliberation, the Commission found that the proposed changes did not adequately balance the interests of both parties and did not meet the statutory criteria for variation. The process for reaching the agreement was deemed to have been flawed, as it did not adequately consider the implications for the employees. Consequently, the application for variation was dismissed. The Commission emphasised the importance of ensuring that any changes to an enterprise agreement are both procedurally and substantively fair, and that the interests of all stakeholders are properly represented and considered in the bargaining process. The Commission's decision underscored the need for careful consideration and robust processes in the negotiation and variation of enterprise agreements.

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