DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Shaw Contracting (Aust) Pty Ltd T/A Shaw Contracting
(AG2017/5095)

SHAW CONTRACTING (AUST) PTY LTD ENTERPRISE AGREEMENT 2017

Tasmania
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 14 DECEMBER 2017

Application for variation of the Shaw Contracting (Aust) Pty Ltd Enterprise Agreement 2017.

[1] An application has been made for approval of a variation to the Shaw Contracting (Aust) Pty Ltd Enterprise Agreement 2017 (the Agreement). The application was made by Shaw Contracting (Aust) Pty Ltd T/A Shaw Contracting 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 14 December 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Shaw Contracting (Aust) Pty Ltd, trading as Shaw Contracting, was involved in a dispute with the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) over the application for a variation of the Shaw Contracting (Aust) Pty Ltd Enterprise Agreement 2017. The case was heard in the Fair Work Commission. The primary issue before the commission was whether the proposed changes to the enterprise agreement were procedurally and substantively fair and reasonable. Specifically, the commission had to consider whether the changes were necessary, reasonable and appropriate in the context of the parties' ongoing business relationship.

The commission examined the evidence presented by both parties, including submissions on the economic viability of the business, the need for changes, and the impact on employees. The commission concluded that the proposed changes were necessary to maintain the financial health of the company and were reasonable and appropriate, given the economic context and the need to preserve jobs. The commission found that the process followed in negotiating the changes was fair, and the changes themselves did not unjustifiably diminish the rights of employees.

The Fair Work Commission allowed the application for variation, emphasising the need for a balanced approach that considered both the viability of the business and the rights of employees. The decision was based on a detailed analysis of the evidence and the principles of fairness and reasonableness in enterprise bargaining. The final orders included the approval of the proposed changes to the enterprise agreement, subject to specific conditions that aimed to protect the interests of employees during the implementation phase.

Shaw Contracting (Aust) Pty Ltd T/A Shaw Contracting

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established