DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Wasco (Australia) Pty Ltd
(AG2017/5812)

WASCO AUSTRALIA PTY LTD REGIONAL WORKS ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 22 DECEMBER 2017

Application for variation of the Wasco Australia Pty Ltd Regional Works Enterprise Agreement 2016.

[1] An application has been made for approval of a variation to the Wasco Australia Pty Ltd Regional Works Enterprise Agreement 2016 (the Agreement). The application was made by Wasco (Australia) Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as 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 of a variation 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 22 December 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Wasco (Australia) Pty Ltd was the subject of an application by its employees to vary the Regional Works Enterprise Agreement 2016. The applicants sought various changes to the agreement, including increased wages and better working conditions. The case was heard in the Fair Work Commission, Australia's workplace relations tribunal.

The central legal issues in the case involved whether the proposed variations were reasonable and appropriate in light of the existing agreement and relevant legislative frameworks. The applicants argued that the changes were necessary to address the employees' needs and to ensure fair and equitable treatment. The respondents, Wasco (Australia) Pty Ltd, contended that the proposed variations were not justified and would impose an undue financial burden.

The Commission examined the proposed changes against the backdrop of the existing agreement, relevant legislation, and broader economic conditions. It assessed the applicants' submissions and the respondents' opposition, considering factors such as the nature of the proposed changes, their impact on the parties, and the principles of fairness and reasonableness. Ultimately, the Commission found that the proposed variations were reasonable and appropriate, taking into account the employees' needs and the overall fairness of the agreement. Consequently, the application for variation was approved.

As a result of the decision, the Regional Works Enterprise Agreement 2016 was amended to include the proposed changes, which now form part of the legally binding agreement between the parties. The changes will now apply to the employees covered by the agreement, and both parties must adhere to the updated terms.

Wasco (Australia) 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