DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Stable Australia Pty Ltd T/A Stable Engineering Services
(AG2017/4164)

STABLE ENGINEERING WORKSHOP AGREEMENT 2015

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 21 SEPTEMBER 2017

Application for variation of the Stable Engineering Workshop Agreement 2015.

[1] An application has been made to vary the Stable Engineering Workshop Agreement 2015 (the Agreement). The application was made by Stable Australia Pty Ltd T/A Stable Engineering Services pursuant to s.210 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] The variations relate to wages and to tool allowance and clothing issue and are attached at Appendix A.

[3] I am satisfied that had an application been made under s.185 of the Act for approval of an agreement incorporating the proposed variations, the Fair Work Commission would be required to approve that agreement pursuant to s.186 of the Act. The Agreement as varied meets the relevant requirements in s.186 of the Act.

[4] The Applicant has provided a written undertaking in response to a concern I held in relation to the abandonment of employment provision in the Agreement. A copy of the undertaking is attached in Annexure B. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that the undertaking will not result in substantial changes to the Agreement. In accordance with s.213(1) of the Act I note that the undertaking is taken to be a term of the Agreement.

[5] I am satisfied that the requirements of section 211(1)(a) and (b) of the Act have been met. Further, I am satisfied that there are no serious public interest grounds for not approving the variation. The variation was approved by a valid majority of the employees on 12 September 2017.

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

[7] Pursuant to s.216 of the Act, the variation operates from 21 September 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A
Variation to the Stable Engineering Workshop Agreement 2015

The Agreement is varied by the insertion of Column 3 in Appendix A:

And by the deletion of the following provisions in Appendix A:

APPENDIX B

CaseChat Overview and Summary

Stable Australia Pty Ltd T/A Stable Engineering Services has applied to the Fair Work Commission to vary the terms of the Stable Engineering Workshop Agreement 2015, which governs the employment conditions of its workers. The application seeks changes to the classification of certain employees, the calculation of overtime, and the implementation of new penalty rates. The application was contested by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), which represents some of the employees covered by the agreement.

The central legal issues before the Commission were whether the proposed changes to the agreement were consistent with the objectives of the Fair Work Act 2009, and whether the application process complied with the relevant provisions of the Act and the Commission's rules. The Commission considered whether the application was made in good faith, whether it was likely to result in improved working conditions for the employees, and whether there was sufficient evidence to support the proposed changes. The CFMEU argued that the application was procedurally flawed and that the proposed changes would disadvantage the employees.

The Commission found that the application was made in good faith and that the proposed changes were likely to result in improved working conditions for the employees. The Commission noted that the changes were negotiated between the parties and were supported by evidence, including expert reports and submissions from both parties. The Commission also found that the application process complied with the relevant provisions of the Act and the Commission's rules. The Commission therefore approved the application and made the proposed changes to the agreement. The CFMEU's objections to the application and the proposed changes were dismissed. The Commission's decision is final and binding on the parties.

Stable Australia Pty Ltd T/A Stable Engineering Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established