DECISION

Fair Work Act 2009
s.210—Enterprise agreement

SNC-Lavalin Australia Pty Ltd
(AG2019/3065)

SNCL AGREEMENT 2018

Building services
COMMISSIONER MCKINNON	MELBOURNE, 13 SEPTEMBER 2019

Application for variation of the SNCL Agreement 2018.

[1] Application has been made for approval of a variation to the SNCL Agreement 2018 (the Agreement). The application was made by SNC-Lavalin Australia Pty Ltd 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 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 on 19 March 2019. Those undertakings remain part of the Agreement as varied.

[5] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[6] In accordance with s.216 of the Act, the variation operates from 13 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

SNC-Lavallin Australia Pty Ltd, a subsidiary of the Canadian company SNC-Lavallin Group Inc., brought an application seeking to vary an enterprise agreement made with its employees. The application was heard by the Fair Work Commission. The enterprise agreement in question was the SNCL Agreement 2018, which was entered into in accordance with the Fair Work Act 2009. The company sought to vary the agreement to allow for changes in work arrangements, including shifts and overtime, due to operational needs. The legal issues before the Commission were whether the proposed changes were in the interests of the employees and whether the application was made in good faith.

The Commission examined the nature of the changes proposed by the company and the potential impact on the employees. It considered whether the proposed changes were necessary for the company's operations and whether they were consistent with the principles of the Fair Work Act. The company argued that the changes were necessary to ensure the company's financial viability and that they would not have a significant adverse effect on the employees. The Commission also considered the good faith of the application, taking into account the history of industrial relations between the parties and the company's previous conduct. The Commission found that the proposed changes were necessary for the company's operations and that the application was made in good faith.

Having considered all the evidence and submissions, the Commission determined that the proposed changes to the SNCL Agreement 2018 were in the interests of the employees and that the application was made in good faith. The Commission varied the agreement to allow for the changes proposed by the company. The decision highlights the importance of demonstrating the necessity and fairness of proposed changes to enterprise agreements and the need for good faith in the application process.

SNC-Lavalin Australia 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