DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Standards Labour Hire Pty Ltd T/A Standards Labour Hire Trust
(AG2017/4085)

STANDARDS LABOUR HIRE PTY LTD T/A STANDARDS LABOUR HIRE TRUST ENTERPRISE AGREEMENT

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 24 OCTOBER 2017

Application for variation of the Standards Labour Hire Pty Ltd t/a Standards Labour Hire Trust Enterprise Agreement.

[1] An application has been made for approval of a variation to the Standards Labour Hire Pty Ltd t/a Standards Labour Hire Trust Enterprise Agreement (the Agreement). The application was made by Standards Labour Hire Pty Ltd T/A Standards Labour Hire Trust 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 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.

[5] 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.

[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 24 October 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Standards Labour Hire Pty Ltd, trading as Standards Labour Hire Trust, which applied to the Fair Work Commission for a variation of the Standards Labour Hire Pty Ltd t/a Standards Labour Hire Trust Enterprise Agreement. The application aimed to alter the terms of the enterprise agreement, which governs the employment conditions of the company's workers. The application was contested by the applicant union, which argued against the proposed changes.

The central legal issue before the Commission was whether the proposed changes to the enterprise agreement were consistent with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission needed to determine if the changes were made in good faith, if they were necessary to address economic, technological, or structural change, and if they provided for appropriate mechanisms for resolving disputes. Additionally, the Commission had to consider whether the changes would adversely affect the employees' terms and conditions.

In reaching its decision, the Fair Work Commission carefully examined the evidence and submissions presented by both parties. The Commission considered the economic context of the applicant's business, the nature of the proposed changes, and the potential impact on employees. The Commission concluded that the proposed changes were necessary to address economic challenges and would not adversely affect the employees' terms and conditions. As such, the Commission found that the changes were consistent with the provisions of the Fair Work Act and granted the application for variation of the enterprise agreement.

The Fair Work Commission ordered that the Standards Labour Hire Pty Ltd t/a Standards Labour Hire Trust Enterprise Agreement be varied as per the terms set out in the application. The variation came into effect from the date specified in the application and applied to all employees covered by the enterprise agreement. The Commission also ordered that appropriate notices be given to the employees regarding the changes to the agreement.

Standards Labour Hire Pty Ltd T/A Standards Labour Hire Trust

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established