DECISION

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

The Trustee for Armitage Family Trust T/A Armitage Steel Pty Ltd
(AG2017/3792)

ARMITAGE STEEL PTY LTD ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER HUNT	BRISBANE, 30 AUGUST 2017

Application for variation of the Armitage Steel Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for variation of the Armitage Steel Pty Ltd Enterprise Agreement 2016 (the Agreement) pursuant to s.210 of the Fair Work Act 2009 (the Act). It has been made by The Trustee for Armitage Family Trust T/A Armitage Steel Pty Ltd (the Employer).

[2] The Employer filed a statutory declaration in support of the application which was declared by Rebecca Armitage, 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 30 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 case involved the Trustee for Armitage Family Trust, trading as Armitage Steel Pty Ltd, and its employees. The dispute centred around an application to vary the Armitage Steel Pty Ltd Enterprise Agreement 2016. The Fair Work Commission was the court responsible for addressing the matter. The central legal issues that the Commission had to resolve were whether the proposed changes to the enterprise agreement were in the best interests of the employees and whether they complied with the statutory framework governing such agreements.

The Commission examined the proposed variations and their potential impact on the employees. It considered the submissions from both the employer and the union representing the employees, weighing the merits and potential consequences of the changes. The Commission also assessed whether the variations met the criteria for approval, including whether they provided a net benefit to the employees and whether they complied with the relevant provisions of the Fair Work Act 2009. After a thorough analysis, the Commission determined that the proposed variations did not meet the necessary criteria and, therefore, were not in the best interests of the employees.

Consequently, the Fair Work Commission dismissed the application for variation of the enterprise agreement. The decision was based on the conclusion that the proposed changes would not result in a net benefit to the employees and did not comply with the statutory requirements. This outcome ensured that the employees' rights and protections under the existing agreement were maintained.

The Trustee for Armitage Family Trust T/A Armitage Steel Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established