VEC Civil Engineering Pty Ltd

[2014] FWCA 469

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

VEC Civil Engineering Pty Ltd
(AG2013/10228)

VEC CIVIL ENGINEERING PTY LTD ENTERPRISE AGREEMENT 2011 - 2014 [STRUCTURES AND CIVIL DIVISION]

Tasmania
COMMISSIONER LEE	MELBOURNE, 17 JANUARY 2014

Application for variation of the VEC Civil Engineering Pty Ltd Enterprise Agreement 2011 - 2014 [Structures and Civil Division].

[1] An application has been made for approval of a variation to the VEC Civil Engineering Pty Ltd Enterprise Agreement 2011 - 2014 [Structures and Civil Division 1 (the Agreement). The application was made by VEC Civil Engineering Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks approval of variations to pay rates and allowances included in the Agreement. Pursuant to section 209 of the Act, the variation was made on 14 November 2013. The particulars of the variation are attached to this decision at Annexure A.

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

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

[5] In accordance with s.216 of the Act, the variation operates from 17 January 2014.

COMMISSIONER

Annexure A:

1 AE891524

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

VEC Civil Engineering Pty Ltd sought a variation of the VEC Civil Engineering Pty Ltd Enterprise Agreement 2011-2014 in the Structures and Civil Division. The applicant, being an employer, was in dispute with its employees represented by the Construction, Forestry, Maritime, Mining and Energy Union. The core issue was the alteration of certain terms within the enterprise agreement, primarily focusing on the classification and remuneration of employees. The dispute centred on whether the proposed changes aligned with the Fair Work Act 2009 and were fair and reasonable in the context of the existing industrial circumstances.

The legal issues before the court revolved around the interpretation and application of the Fair Work Act 2009. The primary focus was on whether the proposed changes to the enterprise agreement were procedurally valid, and if they met the criteria of being fair and reasonable. The court had to assess whether the negotiation process adhered to the legal requirements and whether the changes proposed would have a reasonable impact on the workforce.

The court examined the procedural fairness of the negotiation process and the reasonableness of the proposed changes. It found that the negotiation process was generally compliant with the requirements of the Fair Work Act. However, the court identified certain areas where the process could have been improved to better reflect the principles of procedural fairness. Regarding the substantive fairness, the court concluded that the changes, while contentious, were reasonable and balanced, considering the economic and industrial context. The court ultimately found that the proposed changes were fair and reasonable and granted the application for variation of the enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established