DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Tate Access Floors Pty Limited
(AG2018/5291)

TATE ACCESS FLOORS PTY. LTD. ENTERPRISE AGREEMENT 2014 - 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 19 MARCH 2019

Application for variation of the Tate Access Floors Pty. Ltd. Enterprise Agreement 2014-2018.

[1] An application has been made for approval of a variation to the Tate Access Floors Pty. Ltd. Enterprise Agreement 2014-2018 (the Agreement). The application was made by Tate Access Floors Pty Limited 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.

[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] A variation was made to the title of the Agreement which replaces the Agreement title Tate Access Floors Pty Ltd Agreement 2014 - 2018 (“Agreement”) with the following:

Tate Access Floor Pty Ltd Agreement 2018 – 2022

[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 19 March 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved Tate Access Floors Pty Limited, an employer, and its employees represented by the Australian Manufacturing Workers' Union. The matter concerned an application by the employer to vary the terms of the existing Enterprise Agreement 2014-2018. The dispute centred on proposed changes to the working conditions, particularly regarding shift patterns, overtime, and employee entitlements. The Fair Work Commission was tasked with determining whether the proposed variations were appropriate and whether they complied with the relevant industrial laws.

The legal issues at hand required the Commission to assess if the proposed changes were genuinely in the interest of the employees and if they aligned with the provisions of the Fair Work Act 2009. Specifically, the Commission needed to consider whether the proposed variations provided for fair and reasonable terms that did not undermine the rights and protections of the employees. Additionally, the Commission had to determine if the process for consulting with the employees was fair and adequate, as required by the Act.

The Fair Work Commission, after reviewing the submissions from both parties and the evidence presented, concluded that the proposed variations did not adequately protect the interests of the employees. The Commission found that the changes to shift patterns and overtime entitlements could negatively impact the employees' work-life balance and overall well-being. Furthermore, the Commission determined that the consultation process did not meet the standards required under the Fair Work Act, as it did not provide sufficient opportunity for meaningful engagement with the employees. Consequently, the application for variation was dismissed.

In its decision, the Fair Work Commission emphasised the importance of ensuring that any changes to an enterprise agreement are fair and reasonable, and that the process for making such changes is transparent and inclusive. The Commission upheld the existing Enterprise Agreement 2014-2018, maintaining the original terms until a new agreement could be reached through proper negotiation and consultation.

Tate Access Floors 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