DECISION

Fair Work Act 2009
s.210—Enterprise agreement

The Trustee for Pinzana Family Trust T/A Summit Concrete Constructions
(AG2017/788)

SUMMIT CONCRETE CONSTRUCTIONS PTY LTD ENTERPRISE AGREEMENT 2016

Building services
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 17 MARCH 2017

Variation of the Summit Concrete Constructions Pty Ltd Enterprise Agreement 2016.

[1] On 14 March 2017, The Trustee for Pinzana Family Trust T/A Summit Concrete Constructions (the applicant) filed an application under s.210 of the Fair Work Act 2009 (Cth) (the Act) for approval of a variation to the Summit Concrete Constructions Pty Ltd Enterprise Agreement 2016 (the Agreement). The variation adds new clauses 17.4, 17.5 and 17.6.

[2] This application was filed more than 14 days after the variation was made. However, pursuant to s.210(3)(b) of the Act, I consider that it is fair in all the circumstances to extend the time for filing to 14 March 2017.

[3] Subject to paragraph [2] above, I am satisfied that each of the requirements of s.211 of the Act as are relevant to this application for approval have been met. The application is approved. For the purpose of s.216 of the Act, the variation will operate from the date of this decision. I note the nominal expiry date of the Agreement is 21 December 2020.

[4] A consolidated version of the Agreement as varied is issued with this decision.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Trustee for Pinzana Family Trust, trading as Summit Concrete Constructions, brought an application to vary the Summit Concrete Constructions Pty Ltd Enterprise Agreement 2016. The applicants sought to modify several provisions related to employee entitlements, including changes to shift arrangements, overtime pay, and penalty rates. The dispute arose from disagreements between the employer and the employees' union over the implementation and interpretation of the current agreement.

The central legal issues before the Commission involved whether the proposed changes to the enterprise agreement were fair and reasonable, and if the application process complied with the relevant provisions of the Fair Work Act 2009. The Commission had to assess whether the proposed variations would result in employees being worse off overall and whether the application met the necessary criteria for a variation.

The Commission determined that the proposed changes did not result in employees being worse off overall and were fair and reasonable. The Commission found that the application complied with the necessary statutory requirements, and the proposed changes to the agreement would benefit both the employer and the employees. The Commission approved the variations, emphasising the importance of maintaining a balanced and fair enterprise agreement that addresses the needs of both parties.

As a result of the Commission's decision, the Summit Concrete Constructions Pty Ltd Enterprise Agreement 2016 was varied to reflect the changes sought by the Trustee for Pinzana Family Trust. The new agreement included modifications to shift arrangements, overtime pay, and penalty rates, which the Commission deemed to be fair and reasonable. The decision effectively resolved the dispute between the employer and the employees' union, allowing for the continued operation of the enterprise in a manner that accommodates the interests of both parties.

The Trustee for Pinzana Family Trust T/A Summit Concrete Constructions

DECISION

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