United Workers’ Union

[2022] FWCA 3407

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.210—Enterprise agreement

United Workers’ Union

(AG2022/3713)

Australian Brushware Corporation Pty Ltd & United Workers Union Comprehensive Agreement 2022

Storage services
COMMISSIONER WILSON	MELBOURNE, 5 OCTOBER 2022

Application for variation of the Australian Brushware Corporation Pty Ltd & United Workers Union Comprehensive Agreement 2022

An application has been made for approval of a variation to the Australian Brushware Corporation Pty Ltd & United Workers Union Comprehensive Agreement 2022 (the Agreement). The application was made by United Workers’ Union pursuant to section 210 of the Fair Work Act 2009 (the Act).

The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 19 May 2022. Those undertakings form part of the Agreement as varied.

The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

In accordance with s.216 of the Act, the variation operates from 5 October 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, United Workers' Union, sought to vary the Australian Brushware Corporation Pty Ltd & United Workers Union Comprehensive Agreement 2022, a registered agreement that governed the employment conditions of workers in the Australian Brushware Corporation. The union aimed to modify the agreement to address certain issues affecting the employees, including wage rates and working conditions. The matter was heard in the Fair Work Commission, which has jurisdiction to hear and determine applications for variations of registered agreements under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed variations were justified under the statutory criteria set out in section 235 of the Fair Work Act. The union argued that the variations were necessary to address changes in the economic environment and to ensure fair and equitable treatment of the employees. The employer, on the other hand, contended that the proposed changes were not warranted and would impose significant financial burdens on the business.

In its decision, the Commission carefully considered the evidence and arguments presented by both parties. The Commission found that the proposed variations were justified, as they addressed genuine changes in the economic environment and were necessary to ensure fair and equitable treatment of the employees. The Commission noted that the union had demonstrated a clear need for the variations, and that the employer had not provided sufficient evidence to rebut the union's case. Accordingly, the Commission varied the registered agreement as sought by the union.

The Fair Work Commission varied the Australian Brushware Corporation Pty Ltd & United Workers Union Comprehensive Agreement 2022 in accordance with the application of the United Workers' Union. The varied agreement now includes the changes sought by the union, which address changes in the economic environment and ensure fair and equitable treatment of the employees. The employer has the right to appeal the decision within 21 days of the decision being issued.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established