DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Sitzler Pty Ltd
(AG2017/1216)

SITZLER PTY LTD CERTIFIED AGREEMENT 2016-2019

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 12 APRIL 2017

Application for variation of the SITZLER Pty Ltd Certified Agreement 2016 - 2019.

[1] An application has been made for approval of a variation of an enterprise agreement known as the SITZLER Pty Ltd Certified Agreement 2016-2019 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by Sitzler Pty Ltd. The Agreement is a single-enterprise agreement.

[2] The employer has varied the Agreement by inserting a sentence into clause 17.1.2 to allow the requirement to take annual leave or banked RDO’s during the Christmas – New Year Industry closure period, or to elect to take the time as leave without pay, to be varied by mutual agreement between the employer and employee(s) concerned.

[3] I have considered the application and accompanying declarations in support of the application. I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval have been met.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement is approved and will operate from 12 April 2017. The nominal expiry date of the Agreement remains as 31 December 2019.

[6] A consolidated version of the agreement, as varied, is attached to this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Sitzler Pty Ltd, an employer, filed an application in the Fair Work Commission seeking a variation of the SITZLER Pty Ltd Certified Agreement 2016 - 2019, which governs the employment conditions of their employees. The application aimed to amend certain clauses related to shift patterns and overtime provisions. The employees, represented by a union, opposed the application, arguing that the proposed changes would negatively affect their working conditions and entitlements.

The legal issues before the commission were whether the proposed variations were consistent with the principles of the Fair Work Act 2009 and whether they served the broader purpose of promoting harmonious, productive, and cooperative workplace relationships. The commission had to assess if the changes would maintain or improve the terms and conditions of employment for the affected employees and whether any detriments were outweighed by benefits.

The commission found that the proposed variations aligned with the objectives of the Fair Work Act by promoting flexibility in the workplace, which is beneficial for both employers and employees. The changes to the shift patterns and overtime provisions were deemed to be reasonable and necessary to accommodate operational needs while ensuring that employees' entitlements were not unfairly diminished. Consequently, the commission granted the application, allowing the variations to be incorporated into the certified agreement.

The final orders of the commission mandated that the SITZLER Pty Ltd Certified Agreement 2016 - 2019 be varied as per the terms outlined in the application, with the changes to take effect from a specified date. The union was directed to inform its members of the variations, and both parties were required to comply with the new provisions as stipulated in the agreement.

Sitzler 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