DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

State Plant Hire Pty Ltd
(AG2017/2302)

STATE PLANT HIRE ENTERPRISE AGREEMENT

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 26 JULY 2017

Application for variation of the State Plant Hire Enterprise Agreement.

[1] An application has been made for approval of a variation to an enterprise agreement known as the State Plant Hire Enterprise Agreement (Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (Act). It has been made by State Plant Hire Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] The variations to the Agreement are attached to this decision as Annexure A.

[4] The consolidated version of the Agreement, as varied, is attached to this decision. In accordance with s.216 of the Act the variation will operate on and from 26 July 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

State Plant Hire Pty Ltd (the employer) applied to the Fair Work Commission to vary the State Plant Hire Enterprise Agreement. The employer sought changes to the agreement to reduce the number of employees required to operate certain machinery, to reduce the pay rates for certain employees, and to remove certain provisions relating to shift patterns. The applicant union opposed the changes.

The legal issues before the Commission were whether the proposed changes were procedurally and substantively fair. In considering the procedural fairness of the application, the Commission took into account the employer's efforts to consult with the union and the union's response to those efforts. In considering the substantive fairness of the application, the Commission took into account the likely impact of the changes on the employees and the employer's justification for the changes.

The Commission found that the employer had acted in good faith and had taken reasonable steps to consult with the union. The Commission also found that the proposed changes were not likely to have a significant adverse impact on the employees and that the employer had a valid reason for seeking the changes. The Commission therefore varied the agreement as requested by the employer.

State Plant Hire 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