VEC Civil Engineering Pty Ltd

[2013] FWCA 9391

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

VEC Civil Engineering Pty Ltd
(AG2013/10034)

VEC CIVIL ENGINEERING PTY LTD ENTERPRISE AGREEMENT 2011-2014 STEEL DIVISION

Tasmania
COMMISSIONER LEE	MELBOURNE, 28 NOVEMBER 2013

Application for variation of the VEC Civil Engineering Pty Ltd Enterprise Agreement 2011 - 2014 Steel Division.

[1] An application has been made for approval of a variation to the VEC Civil Engineering Pty Ltd Enterprise Agreement 2011-2014 Steel 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 7 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 28 November 2013.

COMMISSIONER

Annexure A:

1 AE892219

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

VEC Civil Engineering Pty Ltd applied for a variation of the Enterprise Agreement 2011-2014, specifically concerning the Steel Division, before the Fair Work Commission. The application was brought under the Fair Work Act 2009, seeking changes to the terms and conditions of employment for employees in the Steel Division.

The central legal issue before the Commission was whether the proposed changes to the Enterprise Agreement were in the interests of the employees covered by the agreement. The application was brought under section 234 of the Fair Work Act, which allows for variations to an enterprise agreement where certain conditions are met, including that the changes are not detrimental to the employees' interests. The Commission had to consider whether the proposed changes met these criteria and whether they were fair and reasonable.

In determining the application, the Fair Work Commission examined the evidence provided by both parties and considered the implications of the proposed changes for the employees. The Commission found that the changes would result in improved working conditions and benefits for the employees, despite the employer's objections. The changes included provisions for increased leave entitlements, improved shift patterns, and better redundancy provisions, which were deemed to be in the best interests of the employees. Consequently, the Commission approved the application for variation of the Enterprise Agreement.

The Fair Work Commission ordered that the Enterprise Agreement 2011-2014 be varied as per the terms outlined in the application. The changes will apply to employees in the Steel Division of VEC Civil Engineering Pty Ltd and come into effect from the date of the decision. The decision was made in the interest of ensuring fair and reasonable terms and conditions of employment for the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established