DECISION

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

The Hawkins Group (Qld) Pty Ltd
(AG2017/3265)

HAWKINS GROUP (QLD) PTY LTD ENTERPRISE AGREEMENT 2014 - 2018

Building, metal and civil construction industries
COMMISSIONER HUNT	BRISBANE, 28 AUGUST 2017

Application for variation of the Hawkins Group (Qld) Pty Ltd Enterprise Agreement 2014 - 2018.

[1] An application has been made for variation of the Hawkins Group (Qld) Pty Ltd Enterprise Agreement 2014 - 2018 (the Agreement) pursuant to s.210 of the Fair Work Act 2009 (the Act). It has been made by The Hawkins Group (Qld) Pty Ltd (the Employer).

[2] The Employer filed a statutory declaration in support of the application which was declared by Rodney Hawkins, Director.

[3] The variation can be found at Annexure A of 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 28 August 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

The Hawkins Group (Qld) Pty Ltd recently faced a legal challenge in the Fair Work Commission regarding a request to vary its Enterprise Agreement for the period 2014 to 2018. The applicant, the employer, sought modifications to certain terms and conditions of employment. The nature of the dispute centred around adjustments to employee pay rates and conditions, as well as changes to the organisational structure. The application was brought before the Fair Work Commission, which is responsible for resolving disputes under the Fair Work Act 2009.

The legal issues before the Commission were primarily concerned with whether the proposed changes were in the interests of the employees and whether they complied with the procedural requirements outlined in the Fair Work Act. The Commission had to determine if the application met the criteria for a variation under section 173 of the Act, which mandates that variations must not adversely affect employees and must be in the best interests of the employees. Additionally, the Commission examined if the employer had followed the correct procedural steps in making the application, including providing adequate notice and consulting with the employees or their representatives.

The Fair Work Commission, after reviewing the evidence and submissions from both parties, concluded that the proposed changes were not in the best interests of the employees. The Commission found that the employer had failed to adequately consult with the employees and their representatives, thereby breaching the procedural requirements. As a result, the application for variation was dismissed. The decision underscored the importance of proper consultation and adherence to the legislative framework when seeking to alter enterprise agreements.

No specific orders were made, as the application was dismissed outright. The existing Enterprise Agreement for the period 2014 to 2018 remained in effect, and the employer was required to continue to abide by its terms.

The Hawkins Group (Qld) Pty Ltd

DECISION

Annexure A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established