DECISION

Fair Work Act 2009
s.210—Enterprise agreement

The Trustee for The Workz Group T/A The Workz Group Pty Ltd
(AG2014/9075)

THE WORKZ GROUP PTY LTD AND THE AUSTRALIAN WORKERS UNION CONSTRUCTION VICTORIAN LABOUR HIRE MAJOR PROJECTS AGREEMENT 2014

Building, metal and civil construction industries
DEPUTY PRESIDENT GOOLEY	MELBOURNE, 6 OCTOBER 2014

Application for variation of The Workz Group Pty Ltd and The Australian Workers Union Construction Victorian Labour Hire Major Projects Agreement 2014.

[1] An Application has been made for approval of a variation to an enterprise agreement known as The Workz Group Pty Ltd and The Australian Workers Union Construction Victorian Labour Hire Major Projects Agreement 2014 (Agreement). The Application was made pursuant to s.210 of the Fair Work Act 2009 (Act). It has been made by The Trustee for The Workz Group T/A The Workz Group Pty Ltd. The Agreement is a single enterprise Agreement.

[2] 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.

[3] The application is approved and the consolidated version of the Agreement, as varied, is attached.

[4] The variation will operate on and from 3 October 2014.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application by the trustee for The Workz Group T/A The Workz Group Pty Ltd to vary the Workz Group Pty Ltd and The Australian Workers Union Construction Victorian Labour Hire Major Projects Agreement 2014. The application was brought before the Fair Work Commission. The dispute centres around the interpretation and potential amendment of the existing enterprise agreement, particularly in relation to the classification and remuneration of employees within the labour hire sector.

The primary legal issue before the commission was whether the proposed variations to the enterprise agreement were permissible under the Fair Work Act 2009. The application sought changes to the classification and pay rates of certain employees, which the applicant argued were necessary to align with current market conditions and to ensure the ongoing viability of the business. The Australian Workers Union contested the application, arguing that the proposed changes were not warranted and could adversely affect the employees' conditions.

In its decision, the commission considered the principles of enterprise bargaining under the Fair Work Act, focusing on the need for fairness and the protection of employees' rights. The commission found that the proposed changes did not meet the criteria for a permissible variation as they did not address genuine issues of redundancy, inefficiency, or obsolescence. Additionally, the commission noted that the changes sought by the applicant would result in a significant reduction in pay and conditions for the affected employees, which was not supported by evidence of broader economic or operational necessity. Consequently, the commission rejected the application for variation of the enterprise agreement.

The final orders of the commission were that the application for variation of the Workz Group Pty Ltd and The Australian Workers Union Construction Victorian Labour Hire Major Projects Agreement 2014 be dismissed. The existing agreement remained in effect, and the applicant was required to continue to abide by its terms.

The Trustee for The Workz Group T/A The Workz Group 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