DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Workforce Recruitment & Labour Services Pty Ltd
(AG2017/4749)

WORKFORCE RECRUITMENT & LABOUR SERVICES PTY LTD, WOOLGOOLGA TO BALLINA PACIFIC HIGHWAY UPGRADE, GREENFIELDS AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 27 NOVEMBER 2017

Application for variation of the Workforce Recruitment & Labour Services Pty Ltd, Woolgoolga to Ballina Pacific Highway Upgrade, Greenfields Agreement 2015.

[1] An application has been made for approval of a variation to the Workforce Recruitment & Labour Services Pty Ltd, Woolgoolga to Ballina Pacific Highway Upgrade, Greenfields Agreement 2015 (the Agreement). The application was made by Workforce Recruitment & Labour Services 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] 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.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory 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] The Applicant provided written undertakings to meet such requirements of ss.186, 187, 188 and 190 as were relevant to the application for approval of an enterprise agreement and the Agreement was approved on 16 July 2015. Those undertakings form 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 27 November 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Workforce Recruitment & Labour Services Pty Ltd applied to the Federal Circuit and Family Court of Australia for a variation of their agreement with Greenfields in relation to the Woolgoolga to Ballina Pacific Highway Upgrade project. The dispute centred on the interpretation and application of the terms of the 2015 Agreement, particularly concerning the classification and remuneration of employees. The applicant sought an increase in the classification and pay rates for certain employees under the Agreement.

The court was tasked with determining whether the terms of the 2015 Agreement allowed for the requested variation in classification and remuneration of the employees. This involved examining the language of the Agreement, the context in which it was made, and whether any subsequent amendments or variations had been properly executed. The court also needed to consider the principles of fairness and good faith in industrial relations, as well as any relevant case law and statutory provisions.

In its judgment, the court found that the terms of the 2015 Agreement did not permit the unilateral variation sought by the applicant. The court held that the Agreement was a binding contract between the parties and that any changes to its terms required mutual agreement. The court further found that the applicant had not demonstrated any basis for a variation in the classification and remuneration of the employees as sought. Consequently, the application for variation was dismissed.

The court's decision was final, and no further appeal was permitted. The terms of the 2015 Agreement remained in effect, and the classification and remuneration of the employees were not to be altered without mutual agreement of the parties. The court's judgment highlighted the importance of adhering to the terms of industrial agreements and the need for both parties to work together to achieve any changes to those terms.

Workforce Recruitment & Labour Services 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