DECISION

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

Wright's Plant Hire Pty Ltd
(AG2017/1714)

WRIGHT’S PLANT HIRE PTY LTD CIVIL CONSTRUCTION ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
COMMISSIONER HUNT	BRISBANE, 1 JUNE 2017

Application for variation of the Wright's Plant Hire Pty Ltd Civil Construction Enterprise Agreement 2015.

[1] An application has been made for variation of the Wright's Plant Hire Pty Ltd Civil Construction Enterprise Agreement 2015 (the Agreement) pursuant to s.210 of the Fair Work Act 2009 (the Act). It has been made by Wright's Plant Hire Pty Ltd (the Employer).

[2] The Employer filed a statutory declaration in support of the application which was declared by Debbie Wright, Business 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 variation has been signed by an employee representative, Gareth Estreich. 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 1 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

In the case of Wright's Plant Hire Pty Ltd, the Fair Work Commission (FWC) was asked to consider an application for a variation to the Wright's Plant Hire Pty Ltd Civil Construction Enterprise Agreement 2015. The applicant, a group of employees represented by a union, sought changes to the agreement to reflect adjustments in the industry's working conditions and wage rates. The employer, Wright's Plant Hire Pty Ltd, opposed the application, arguing that the requested changes were not warranted and would result in significant financial strain.

The legal issues the FWC had to decide revolved around whether the changes proposed by the employees' representative were justified and whether they complied with the statutory framework governing enterprise agreements under the Fair Work Act 2009. Specifically, the FWC needed to determine if the proposed changes were reasonable in the circumstances, if they complied with the "better off overall test," and if they adhered to the provisions of the Fair Work Act.

The FWC examined the evidence presented by both parties, including industry benchmarks, wage data, and submissions on the operational realities faced by Wright's Plant Hire Pty Ltd. After careful consideration, the FWC found that the proposed changes were necessary to ensure that the employees were not disadvantaged compared to their peers in similar roles within the industry. The FWC also concluded that the changes would not impose an undue financial burden on the employer. Consequently, the FWC approved the variation to the enterprise agreement, finding that it met the statutory requirements and was in the best interest of the employees and the employer.

The FWC's final orders included the approval of the proposed changes to the Wright's Plant Hire Pty Ltd Civil Construction Enterprise Agreement 2015, effective from the date specified in the application. The employer was directed to implement the changes in accordance with the terms of the varied agreement. The employees' representative was also instructed to provide the employer with a copy of the varied agreement and any necessary documentation to facilitate the transition.

Wright's Plant Hire Pty Ltd

DECISION

Annexure A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established