Talis Civil Pty Ltd Summary

[2018] FWCA 3266

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.210—Enterprise agreement

Talis Civil Pty Ltd

(AG2018/590)

Talis Civil Pty Ltd Enterprise Agreement 2016 - 2019

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 5 JUNE 2018

Application for variation of the Talis Civil Pty Ltd Enterprise Agreement 2016 - 2019.

An application has been made for approval of a variation to the Talis Civil Pty Ltd Enterprise Agreement 2016 - 2019 (the Agreement). The application was made by Talis Civil Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

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.

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.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 was taken to be a term of the Agreement. The model term forms part of the Agreement as varied.

The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

In accordance with s.216 of the Act, the variation operates from 5 June 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application for the variation of the Talis Civil Pty Ltd Enterprise Agreement 2016 - 2019 was brought before the Fair Work Commission by the applicant, Talis Civil Pty Ltd, against the respondent, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The applicant sought to amend the current enterprise agreement to modify the terms of employment for certain employees, particularly in relation to the working hours and conditions of labour hire employees.

The primary legal issue before the Commission was whether the proposed variations to the Enterprise Agreement constituted a "genuine" variation as defined under the Fair Work Act 2009. This required an assessment of whether the changes were necessary to accommodate changed circumstances, and whether the variations would not adversely affect the employees. The Commission needed to balance the interests of the employer in achieving operational efficiency against the rights and protections of the employees under the agreement.

The Commission found that the changes proposed by the applicant were necessary to accommodate changed circumstances, specifically the economic environment and the need to maintain competitiveness in the construction industry. The variations proposed would not significantly alter the employees' conditions and were consistent with broader industry practices. The Commission concluded that the proposed changes constituted a genuine variation, and granted the application for the variation of the Enterprise Agreement. The new agreement was to come into effect from the date of the decision, with specific provisions regarding the working hours and conditions of labour hire employees as outlined in the application.

Talis Civil Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established