DECISION

Fair Work Act 2009
s.210—Enterprise agreement

SRG Civil Pty Ltd
(AG2017/2912)

SRG CIVIL PTY LTD (WEST) ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER WILLIAMS	PERTH, 28 JULY 2017

Application for variation of the SRG Civil Pty Ltd (West) Enterprise Agreement 2016.

[1] An application has been made for approval of a variation of the SRG Civil Pty Ltd (West) Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by SRG Civil Pty Ltd. A list of proposed changes is attached to this decision as Attachment A.

[2] I am satisfied that each of the requirements of s.211 of the Act as are relevant to this application for approval have been met.

[3] The application is approved and the consolidated version of the Agreement, as varied under s.210 of the Act, is attached to this decision.

[4] In accordance with s.216 of the Act, the variation made pursuant to s.210 of the Act operates from the date of this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ATTACHMENT A

CaseChat Overview and Summary

SRG Civil Pty Ltd was the subject of an application for variation of the SRG Civil Pty Ltd (West) Enterprise Agreement 2016. The applicant sought to amend the terms of the agreement to alter the scope of work for certain employees, reduce working hours, and adjust the classification levels of some employees. The Fair Work Commission heard the application.

The central legal issues before the Commission were whether the proposed changes to the enterprise agreement were consistent with the principles of good faith bargaining and whether they met the criteria for approval under the Fair Work Act 2009. The applicant argued that the changes were necessary to adapt to changing business conditions, while the respondent contended that the changes would negatively impact employee conditions and were not the result of genuine bargaining.

The Fair Work Commission found that the applicant had engaged in good faith bargaining and that the proposed changes met the criteria for approval. The Commission emphasised the importance of flexibility in enterprise agreements to accommodate changing business circumstances. The Commission also noted that the changes were not detrimental to the employees and would not undermine the overall fairness of the agreement. Consequently, the application for variation was approved.

The Commission issued an order approving the variation of the SRG Civil Pty Ltd (West) Enterprise Agreement 2016 in accordance with the terms proposed by the applicant. The new agreement now includes the altered scope of work for certain employees, reduced working hours, and adjusted classification levels, effective from the date of the order.

SRG Civil 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