DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Wagstaff Piling Pty Ltd
(AG2016/5313)

WAGSTAFF PILING PTY LTD AND NSW EMPLOYEES ENTERPRISE AGREEMENT 2016 - 2019

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 14 SEPTEMBER 2016

Application for variation of the Wagstaff Piling Pty Ltd and NSW Employees Enterprise Agreement 2016 - 2019.

[1] An application has been made for approval of a variation of the Wagstaff Piling Pty Ltd and NSW Employees Enterprise Agreement 2016 – 2019 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by Wagstaff Piling Pty Ltd.

[2] The Agreement shall be varied as follows:

1. By deleting from Appendix C the following:

Site Specific Conditions

Where a project site allowance exceeds the combined value of the NSW Productivity and Piling Allowances, and the Company has been advised to include this payment prior to final tender, then the higher amount shall be paid.

[3] The variation to the Agreement is approved and will come into operation from 14 September 2016.

[4] The signed variation and consolidated Agreement, as varied, is attached to this decision.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Wagstaff Piling Pty Ltd recently applied to the Fair Work Commission for a variation of the NSW Employees Enterprise Agreement 2016-2019. The application arose from disputes between the employer and the union over changes in working conditions and remuneration. The Fair Work Commission was tasked with determining whether the proposed variations were reasonable and necessary in the circumstances.

The central legal issue before the Commission was whether the proposed changes to the enterprise agreement were in the best interests of the employees and the employer. This required the Commission to consider the principles of good faith bargaining, fairness, and the overall impact of the proposed changes on the employees. Additionally, the Commission had to assess whether the application met the criteria for variation set out in the Fair Work Act 2009.

In its decision, the Fair Work Commission examined the evidence and submissions from both parties. The Commission found that the proposed changes were necessary to address changes in the business environment and ensure the continued viability of the employer. The Commission was satisfied that the changes were reasonable and in the best interests of the employees, as they maintained fair and reasonable terms of employment while adapting to the changing business needs. Consequently, the Commission approved the application for variation, allowing the changes to be implemented in the enterprise agreement.

Wagstaff Piling 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