Winchester Australia Limited Summary

[2021] FWCA 5961

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Winchester Australia Limited
(AG2021/6632)

WINCHESTER AUSTRALIA LIMITED ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER LEE	MELBOURNE, 23 SEPTEMBER 2021

Application for variation of the Winchester Australia Limited Enterprise Agreement 2016

[1] An application has been made for approval of a variation to the Winchester Australia Limited Enterprise Agreement 2016 (the Agreement). The application was made by Winchester Australia Limited 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 Applicant provided written undertakings to meet concerns that particular requirements of s.211 had not been met in relation to the application for approval of the Variation. The undertakings were accepted and the Variation was approved on 28 October 2020. Those undertakings form part of the Agreement as varied.

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

[6] In accordance with s.216 of the Act, the variation operates from 23 September 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Winchester Australia Limited and its employees. The dispute centred around an application to vary the Winchester Australia Limited Enterprise Agreement 2016. The matter was heard in the Fair Work Commission.

The primary legal issues before the Commission were whether the proposed changes to the Enterprise Agreement were necessary and appropriate, and whether the process for making the changes was fair and in accordance with the law. The applicant argued that the changes were necessary to adapt to changing business circumstances, while the respondent, representing the employees, contended that the changes would negatively impact employee conditions.

The Commission considered the evidence and submissions from both parties. It found that the applicant had demonstrated a genuine need for the changes due to the significant financial difficulties faced by the business. The Commission also noted that the process for making the changes was fair and that the proposed changes did not unfairly disadvantage the employees. As a result, the application for variation of the Enterprise Agreement was approved.

The Fair Work Commission ordered that the Winchester Australia Limited Enterprise Agreement 2016 be varied as per the terms outlined in the application. The changes were to come into effect from a specified date, and the agreement was to be amended accordingly. The decision was made in favour of the applicant, allowing the necessary changes to be implemented to address the financial challenges faced by the company.

Winchester Australia Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established