DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Stork Technical Services Australia Pty Ltd
(AG2020/1616)

STORK TECHNICAL SERVICES AUSTRALIA PTY LTD WA OPERATIONS ENTERPRISE AGREEMENT 2017

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 30 JUNE 2020

Application for variation of the Stork Technical Services Australia Pty Ltd WA Operations Enterprise Agreement 2017.

[1] An application has been made for approval of a variation to the Stork Technical Services Australia Pty Ltd WA Operations Enterprise Agreement 2017 (the Agreement). The application was made by Stork Technical Services Australia Pty Ltd 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] 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. The undertakings are taken to be a term of the Agreement.

[4] 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.

[5] The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 11 September 2017. Those undertakings form part of the Agreement as varied.

[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 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the variation of the Stork Technical Services Australia Pty Ltd Western Australia Operations Enterprise Agreement 2017. The application was made by the employer, Stork Technical Services Australia Pty Ltd, to the Fair Work Commission (FWC). The dispute centred around the employer’s desire to modify certain terms and conditions of employment, which were deemed necessary for the business's operational efficiency and financial sustainability.

The legal issues before the FWC included whether the proposed changes were necessary for the employer to achieve a fair and efficient workplace and whether they constituted a genuine attempt to facilitate a productive workplace relationship. The employer argued that the changes were critical to address financial pressures and operational challenges, while the employees, represented by their union, contended that the proposed changes would adversely affect their conditions of employment and job security.

The FWC, after considering the submissions from both parties, determined that the proposed changes were necessary to enable the employer to achieve a fair and efficient workplace. The Commission found that the employer had made a genuine attempt to facilitate a productive workplace relationship and that the changes were reasonable and necessary in the circumstances. The FWC concluded that the benefits of the proposed changes outweighed the detriments to the employees, and therefore, the application for variation was approved. The FWC's decision was grounded in the need to balance the interests of both the employer and the employees, ensuring that the changes did not unfairly disadvantage the employees while addressing the employer’s legitimate business needs.

Stork Technical Services Australia 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