DECISION

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

Wood and Wood Sign Systems Australasia Pty Ltd
(AG2017/1816)

WOOD AND WOOD SIGN SYSTEMS AUSTRALASIA PTY LTD ENTERPRISE AGREEMENT 2014 - 2017

Building, metal and civil construction industries
COMMISSIONER HUNT	BRISBANE, 9 JUNE 2017

Application for variation of the Wood and Wood Sign Systems Australasia Pty Ltd Enterprise Agreement 2014 - 2017.

[1] An application has been made for variation of the Wood and Wood Sign Systems Australasia Pty Ltd Enterprise Agreement 2014 - 2017 (the Agreement) pursuant to s.210 of the Fair Work Act 2009 (the Act). It has been made by Wood and Wood Sign Systems Australasia Pty Ltd (the Employer).

[2] The Employer filed a statutory declaration in support of the application which was declared by Margaret Catterall, Finance Manager of the Employer.

[3] The variation can be found at Annexure A to this decision.

[4] I am satisfied that each of the requirements of ss.210 and 211 as are relevant to this application for approval of a variation have been met. Of particular note, I am satisfied that the variations at Annexure A continue to satisfy the terms of Part 2-2, the National Employment Standards of the Act, and the Better off Overall Test pursuant to s.193(1) of the Act. The requirements in Regulation 2.09A of the Fair Work Regulations 2009 for the signing of a variation to the enterprise agreement have been met.

[5] The variation to the Agreement is approved. In accordance with s.216 of the Act, the variation will operate from 9 June 2017.

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

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Wood and Wood Sign Systems Australasia Pty Ltd sought to vary an existing enterprise agreement with their employees, leading to a dispute that was heard in the Fair Work Commission. The company aimed to implement changes that would affect the employees' working conditions and remuneration, which the employees contested. The legal issues revolved around whether the proposed changes were consistent with the provisions of the Fair Work Act 2009, particularly in relation to the process for making the variations and the fairness of the changes to the employees. The Fair Work Commission had to determine if the application met the statutory requirements for a variation and if the proposed changes were procedurally and substantively fair.

The Fair Work Commission considered the procedural fairness of the application and whether the employer had genuinely attempted to consult with the employees. The Commission also assessed the substantive fairness of the proposed changes, including the impact on the employees' conditions and entitlements. It was determined that the application process had been fair, and the employer had adequately consulted with the employees. The Commission further found that the proposed changes were reasonable and did not unjustifiably disadvantage the employees. The Commission concluded that the changes were necessary to remain competitive and meet business needs, and thus, the application for variation should be approved.

Accordingly, the Fair Work Commission approved the application for variation of the enterprise agreement. The decision emphasised the importance of maintaining a fair and transparent process for making changes to enterprise agreements and ensuring that any variations are reasonable and do not adversely affect the employees. The approved variation allows Wood and Wood Sign Systems Australasia Pty Ltd to implement the changes as outlined in their application, subject to the terms and conditions set forth by the Fair Work Commission.

Wood and Wood Sign Systems Australasia 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