DECISION

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

Takwood Pty Ltd T/A Bellis Industrial Services
(AG2018/5875)

TAKWOOD PTY LTD T/A BELLIS INDUSTRIAL SERVICES CURTIS ISLAND OPERATIONS AND MAINTENANCE ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER HUNT	BRISBANE, 12 NOVEMBER 2018

Application for variation of the Takwood Pty Ltd t/a Bellis Industrial Services Curtis Island Operations and Maintenance Enterprise Agreement 2015

[1] An application has been made by Takwood Pty Ltd T/A Bellis Industrial Services (Bellis) for variation of the Takwood Pty Ltd t/a Bellis Industrial Services Curtis Island Operations and Maintenance Enterprise Agreement 2015 (the Agreement) pursuant to s.210 of the Fair Work Act 2009 (the Act).

[2] Bellis filed a statutory declaration in support of the application which was declared by Mr Brian Keenan, Manager of Bellis.

[3] 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.

[4] The variation to the Agreement is approved. In accordance with s.216 of the Act, the variation will operate from 12 November 2018.

[5] The variation can be found at Annexure A of this decision. 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

Takwood Pty Ltd, trading as Bellis Industrial Services, sought to vary the Curtis Island Operations and Maintenance Enterprise Agreement 2015 through an application to the Fair Work Commission. The applicant aimed to alter certain provisions of the agreement, which governs the employment terms and conditions of employees at the Curtis Island facility. The application was contested by the Australian Manufacturing Workers' Union, which represents the employees affected by the proposed changes.

The central legal issues revolved around whether the proposed changes to the enterprise agreement were consistent with the requirements of the Fair Work Act 2009. Specifically, the court needed to determine if the changes were in the best interests of the employees and if the proper process for varying the agreement had been followed. The applicant argued that the changes were necessary to address operational efficiencies and to remain competitive in the market, while the union contended that the modifications would detrimentally affect the employees' working conditions and entitlements.

In its decision, the Fair Work Commission examined the evidence presented by both parties and assessed whether the changes met the criteria for a fair and reasonable variation of the enterprise agreement. The Commission considered the impact of the proposed changes on the employees, the fairness of the process, and whether the changes were in line with the overall objectives of the Fair Work Act. Ultimately, the Commission determined that the applicant had not adequately demonstrated that the changes were in the best interests of the employees and that the process for varying the agreement had not been properly followed. As a result, the application for variation was dismissed.

The Fair Work Commission made no order for the variation of the Takwood Pty Ltd t/a Bellis Industrial Services Curtis Island Operations and Maintenance Enterprise Agreement 2015. The decision stands as a reminder of the stringent requirements for altering enterprise agreements and the importance of ensuring that any changes are fair and in the best interests of the employees.

Takwood Pty Ltd T/A Bellis Industrial Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established