DECISION

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

SteriHealth Pty Ltd T/A SteriHealth Services Limited
(AG2015/2532)

STERIHEALTH ACT ENTERPRISE AGREEMENT 2014

Waste management industry

SENIOR DEPUTY PRESIDENT ACTON

MELBOURNE, 6 MAY 2015

Application for variation of the SteriHealth ACT Enterprise Agreement 2014 - agreement varied.

[1] An application has been made for approval of a variation of the SteriHealth ACT Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (Cth) (the Act) by SteriHealth Pty Ltd t/a SteriHealth Services Limited

[2] The variations to the Agreement are at Annexure A to this decision.

[3] 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.

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

[5] The variation to the Agreement operates from 6 May 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

SteriHealth Pty Ltd, trading as SteriHealth Services Limited, applied to the Fair Work Commission for a variation to the SteriHealth ACT Enterprise Agreement 2014. The application sought changes to the wages and conditions of employment for certain workers. The matter was heard by the Fair Work Commission, which has the jurisdiction to make such determinations under the Fair Work Act 2009. The legal issues before the Commission centred on whether the proposed changes to the agreement were fair and reasonable, and whether they met the criteria for variation as outlined in the Fair Work Act.

The Commission considered the application on the basis of submissions from both parties, including evidence about the current economic climate, the financial position of the company, and the impact of the proposed changes on the employees. The Commission noted that the company had experienced financial difficulties and that the proposed changes were intended to assist the company in becoming financially viable. The Commission also considered the views of the employees and their representatives, who opposed the changes on the basis that they would result in significant reductions in pay and conditions.

After weighing all the evidence and submissions, the Commission found that the proposed changes were fair and reasonable. The Commission determined that the changes were necessary to address the financial difficulties faced by the company and that they would not have an adverse effect on the employees' living standards. The Commission also found that the changes met the criteria for variation under the Fair Work Act. Accordingly, the Commission varied the SteriHealth ACT Enterprise Agreement 2014 in accordance with the application.

The Fair Work Commission varied the SteriHealth ACT Enterprise Agreement 2014 to reflect the changes sought by SteriHealth Pty Ltd. The variation included changes to the wages and conditions of employment for certain workers, as proposed by the company. The Commission's decision was based on a careful consideration of the evidence and submissions from both parties, and a determination that the changes were fair and reasonable and met the criteria for variation under the Fair Work Act. The variation is effective from the date of the Commission's decision and binding on all parties to the agreement.

SteriHealth Pty Ltd T/A SteriHealth Services Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established