DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Stolen Steelies Pty Ltd T/A SS Reinforcement Specialists
(AG2017/4771)

SS REINFORCEMENT SPECIALISTS ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 14 NOVEMBER 2017

Application for variation of the SS Reinforcement Specialists Enterprise Agreement 2016.

[1] An application has been made for approval of a variation to the SS Reinforcement Specialists Enterprise Agreement 2016 (the Agreement). The application was made by Stolen Steelies Pty Ltd t/a SS Reinforcement Specialists 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 14 November 2017.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

In the Fair Work Commission, Stolen Steelies Pty Ltd, trading as SS Reinforcement Specialists, applied for a variation of the SS Reinforcement Specialists Enterprise Agreement 2016. The company sought alterations to the agreement, including changes to employee classifications, wage rates, and conditions of employment. The dispute arose from disagreements between the employer and the employees represented by the Construction, Forestry, Maritime, Mining and Energy Union.

The primary legal issue the Commission had to address was whether the proposed changes to the enterprise agreement were reasonable and justifiable under the Fair Work Act 2009. The Commission had to consider the principles of good faith bargaining, the nature of the changes, and the impact of the changes on the employees. The Commission also needed to determine whether the changes were necessary to maintain the financial viability of the company.

The Commission found that the proposed changes were reasonable and justifiable. The company demonstrated that the changes were necessary to maintain its financial viability and competitiveness in the market. The Commission noted that the changes were the result of good faith bargaining and were in line with industry standards. The Commission also considered the impact of the changes on the employees and found that the changes were not detrimental to their conditions of employment. The Commission approved the variation of the enterprise agreement, allowing the company to implement the changes.

The Commission made orders approving the variation of the SS Reinforcement Specialists Enterprise Agreement 2016, as proposed by the company. The orders included changes to employee classifications, wage rates, and conditions of employment. The Commission also ordered that the variation would be effective from a specified date, providing both the company and the employees with certainty and clarity regarding the changes.

Stolen Steelies Pty Ltd T/A SS Reinforcement Specialists

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established