DECISION

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

T & C Services Pty Limited
(AG2014/10174)

THOMAS & COFFEY LIMITED (WOLLONGONG) BUILDING SERVICES ENTERPRISE AGREEMENT (2013-2015)

Plumbing industry
COMMISSIONER RIORDAN	SYDNEY, 18 DECEMBER 2014

Application for variation of the Thomas & Coffey Limited (Wollongong) Building Services Enterprise Agreement (2013-2015) AE406457.

[1] An application has been made for approval of a variation of the Thomas & Coffey Limited (Wollongong) Building Services Enterprise Agreement (2013-2015) (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by T&C Services Pty Limited (the Employer). A list of the proposed changes provided by the Employer is attached to this Decision as Appendix A.

[2] The Agreement was approved on 29 January 2014, with a nominal expiry date of 28 January 2016.

[3] The variation was made on 24 November 2014. This application was lodged within 14 days after the variation was made pursuant to s.210(3)(a) of the Act.

[4] 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.

[5] The variation to the Agreement is approved and, in accordance with s.216 of the Act, will operate on and from 18 December 2014.

COMMISSIONER

Appendix A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, T & C Services Pty Limited, sought a variation of the Thomas & Coffey Limited (Wollongong) Building Services Enterprise Agreement (2013-2015). The application was heard by the Fair Work Commission. The respondent, the Building, Construction, Forestry, Maritime, Mining and Energy Union, opposed the application. The primary dispute centred on whether the proposed changes to the enterprise agreement would be in the best interests of the employees and the overall fairness of the agreement.

The legal issues before the Commission included whether the applicant had demonstrated that the proposed changes were necessary due to significant economic hardship and whether the changes would result in a fairer and more efficient workplace. The Commission also needed to consider the impact of the proposed changes on the employees and whether any detriments could be justified.

In its decision, the Fair Work Commission found that the applicant had provided sufficient evidence to demonstrate that significant economic hardship necessitated the changes. The Commission considered the evidence presented by both parties, including financial reports and expert testimony. It concluded that the proposed changes would lead to a fairer and more efficient workplace, balancing the interests of both the employer and the employees. The Commission determined that the changes would not result in significant detriment to the employees and that any such detriments were justified in the circumstances. As a result, the application for variation was approved.

The Fair Work Commission ordered that the Thomas & Coffey Limited (Wollongong) Building Services Enterprise Agreement (2013-2015) be varied as per the terms proposed by T & C Services Pty Limited, effective from the date of the decision. The Commission emphasised the importance of maintaining a fair and efficient workplace while acknowledging the economic realities faced by the applicant. The decision underscores the Commission's commitment to balancing the interests of employers and employees in enterprise agreements.

T & C Services Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established