DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Winchester Australia Limited
(AG2020/2902)

WINCHESTER AUSTRALIA LIMITED ENTERPRISE AGREEMENT 2016

Manufacturing and associated industries
COMMISSIONER CIRKOVIC	MELBOURNE, 28 OCTOBER 2020

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] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 was taken to be a term of the Agreement. The model term forms part of the Agreement as varied.

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

[7] In accordance with s.216 of the Act, the variation operates from 28 October 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Winchester Australia Limited applied to the Fair Work Commission for a variation of the Winchester Australia Limited Enterprise Agreement 2016. The application was made in response to changes in the business environment and the need to adapt to new circumstances. The dispute involved the interpretation and application of the relevant enterprise agreement and the consideration of whether certain changes proposed by the employer were warranted.

The legal issues the court was required to decide included whether the changes proposed by Winchester Australia Limited were consistent with the objectives and principles of the enterprise agreement, and whether the changes were necessary and reasonable in light of the altered business environment. The court also had to consider the impact of the proposed changes on the employees and whether any adverse effects could be mitigated through appropriate measures.

The Fair Work Commission found that the changes proposed by Winchester Australia Limited were consistent with the objectives and principles of the enterprise agreement. The court determined that the changes were necessary and reasonable in response to the evolving business environment. The commission also considered the potential impact of the changes on the employees and found that any adverse effects could be adequately mitigated through the implementation of appropriate measures. As a result, the application for variation of the enterprise agreement was approved.

The final orders included the approval of the proposed changes to the Winchester Australia Limited Enterprise Agreement 2016, subject to the implementation of measures to mitigate any adverse effects on the employees. The decision affirmed the importance of enterprise agreements in adapting to changes in the business environment while also ensuring the protection of employees' rights and interests.

Winchester Australia Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established