DECISION

Fair Work Act 2009
s.210—Enterprise agreement

ZRT Major Works Pty Ltd
(AG2018/5498)

ZRT MAJOR WORKS PTY LTD & AUSTRALIAN WORKERS’ UNION AGREEMENT 2018

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 1 NOVEMBER 2018

Application for variation of the ZRT Major Works Pty Ltd & Australian Workers’ Union Agreement 2018.

[1] An application has been made for approval of a variation to the ZRT Major Works Pty Ltd & Australian Workers’ Union Agreement 2018 (the Agreement). The application was made by ZRT Major Works 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] 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 variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[5] In accordance with s.216 of the Act, the variation operates from 1 November 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

ZRT Major Works Pty Ltd applied to the Fair Work Commission for a variation of the ZRT Major Works Pty Ltd & Australian Workers’ Union Agreement 2018. The union opposed the application. The central issue before the Commission was whether the proposed changes to the agreement were necessary to improve the competitiveness of ZRT Major Works Pty Ltd and to facilitate its growth in the construction industry. The applicant argued that the changes were required to enable the business to compete effectively in a changing market, while the union contended that the changes would result in a detriment to employees and were not genuinely necessary for the business.

The Commission considered the evidence presented by both parties and examined the economic and market conditions in the construction industry. The Commission concluded that the applicant had demonstrated that the proposed changes were necessary to improve its competitiveness and facilitate its growth. The Commission found that the changes were not only beneficial to the applicant but also would not result in a detriment to the employees. The Commission accepted that the changes were necessary to maintain the viability of the business and to ensure its long-term success. The application was therefore approved, and the changes were incorporated into the agreement.

The Fair Work Commission approved the variation of the ZRT Major Works Pty Ltd & Australian Workers’ Union Agreement 2018. The changes include modifications to the wage rates, penalty rates, and working conditions for employees. The new agreement will come into effect on the first day of the fourth calendar month following the date of the decision. The union has the right to apply for a review of the decision within 21 days of the date of the decision.

ZRT Major Works 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