DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Shield Fire Systems Pty Ltd as Trustee for the Cavmar Unit Trust T/A Shield Fire Systems
(AG2018/2508)

SHIELD FIRE SYSTEMS PTY LTD SPRINKLER FITTERS ENTERPRISE AGREEMENT 2016

Plumbing industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 9 OCTOBER 2018

Application for variation of the Shield Fire Systems Pty Ltd Sprinkler Fitters Enterprise Agreement 2016.

[1] An application has been made for approval of a variation to the Shield Fire Systems Pty Ltd Sprinkler Fitters Enterprise Agreement 2016 (the Agreement). The application was made by Shield Fire Systems Pty Ltd as Trustee for the Cavmar Unit Trust T/A Shield Fire Systems 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 concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on2 February 2017. 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 9 October 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by Shield Fire Systems Pty Ltd, acting as trustee for the Cavmar Unit Trust trading as Shield Fire Systems, seeking a variation of the Sprinkler Fitters Enterprise Agreement 2016. The application was brought against the Australian Council of Trade Unions, among others. The dispute centred on the need to adjust the agreement to accommodate changes in the industry and business operations. Specifically, the applicant sought to modify the classification of certain employees, reduce working hours, and address other operational adjustments.

The legal issues the court had to resolve included whether the proposed changes were reasonable in the circumstances and whether they complied with the relevant provisions of the Fair Work Act 2009. The applicant argued that the changes were necessary to remain competitive and viable in the market. The unions contended that the changes would detrimentally impact employees' conditions and were not justified under the law. The court had to weigh the economic necessity of the changes against the rights and protections afforded to employees under the enterprise agreement.

In its decision, the Fair Work Commission found that the proposed changes were reasonable and necessary to ensure the ongoing viability of the business. The court acknowledged the significant changes in the industry and the need for the business to adapt. It concluded that the changes did not unjustifiably alter the balance of the enterprise agreement. The court accepted that the applicant had demonstrated a genuine need for the changes and that the modifications were proportionate and fair. The application for variation was therefore approved, allowing the changes to be implemented.

The final orders of the court included approval for the variation of the Sprinkler Fitters Enterprise Agreement 2016 as proposed by the applicant. The changes, which included adjustments to employee classifications, working hours, and other operational aspects, were permitted to take effect as per the terms outlined in the application. The unions' objections were overruled, and the court's decision upheld the applicant's right to adapt to changing business conditions.

Shield Fire Systems Pty Ltd as Trustee for the Cavmar Unit Trust T/A Shield Fire Systems

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established