DECISION

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

Suncoast Interiors QLD Pty Ltd
(AG2017/2169)

SUNCOAST INTERIORS QLD PTY LTD ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
COMMISSIONER HUNT	BRISBANE, 15 JUNE 2017

Application for variation of the Suncoast Interiors QLD Pty Ltd Enterprise Agreement 2014.

[1] An application has been made for variation of the Suncoast Interiors QLD Pty Ltd Enterprise Agreement 2014 (the Agreement) pursuant to s.210 of the Fair Work Act 2009 (the Act). It has been made by Suncoast Interiors QLD Pty Ltd (the Employer).

[2] The Employer filed a statutory declaration in support of the application which was declared by Gayl Wilson, Office Manager of the Employer.

[3] The variation can be found at Annexure A to this decision.

[4] I am satisfied that each of the requirements of ss.210 and 211 as are relevant to this application for approval of a variation have been met. Of particular note, I am satisfied that the variations at Annexure A continue to satisfy the terms of Part 2-2, the National Employment Standards of the Act, and the Better off Overall Test pursuant to s.193(1) of the Act. The requirements in Regulation 2.09A of the Fair Work Regulations 2009 for the signing of a variation to the enterprise agreement have been met.

[5] The variation to the Agreement is approved. In accordance with s.216 of the Act, the variation will operate from 15 June 2017.

[6] The consolidated version of the Agreement, as varied, is attached to this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Suncoast Interiors QLD Pty Ltd applied to the Fair Work Commission for a variation of the Suncoast Interiors QLD Pty Ltd Enterprise Agreement 2014. The applicants were the employer, Suncoast Interiors QLD Pty Ltd, and the respondents were the Building and Construction General On-Site Union and the Queensland Building and Construction General On-Site Workers Union. The dispute centred around the need for amendments to the existing enterprise agreement, particularly concerning the classification and pay rates of employees within the company. The case was heard in the Fair Work Commission.

The legal issues before the Commission included whether the proposed changes to the enterprise agreement were procedurally valid, whether the changes met the "better off overall test" as stipulated by the Fair Work Act 2009, and whether the employer had demonstrated that the changes were necessary due to significant economic circumstances. The Commission needed to determine whether the new terms were fair and reasonable, and whether they provided a benefit to the employees that outweighed any detriment.

The Commission considered the evidence presented by both parties, including the economic conditions, the specific changes proposed, and the impact of these changes on the employees. It examined whether the proposed changes were necessary for the employer to remain competitive and viable in the market. The Commission concluded that the proposed changes met the requirements of the Act and were fair and reasonable. The new terms provided a net benefit to the employees, satisfying the better off overall test. The Commission approved the application for the variation of the enterprise agreement.

The final orders of the Commission included the approval of the varied enterprise agreement, effective from the date specified in the application. The new terms, which included changes to employee classifications and pay rates, were to be implemented as per the agreement. The Commission emphasised that the decision was based on the specific circumstances presented and that each case would be assessed on its merits.

Suncoast Interiors QLD 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