In the meantime, the FWC has updated its unique contract date calculator, but cautions that it “is not complete and does not read the specific provisions of the Fair Work Act 2009.” Changes in Enterprise Agreements to Preserve Commercial Capacity The CBI`s appeal decision was a complaint filed by CMFEU following an earlier decision by Vice-President Colman in cBI Constructors Pty Ltd [201 7] FWCA 6837 (first CBI decision) in which it was found that the 7-day access period should be calculated as a period of 7 x 24 hours from the actual date of the vote. According to this interpretation, the CBI`s designers had complied with the reporting requirement by taking the vote one hour after the 7-hour deadline had expired, as they had informed staff of the time, place and nature of the vote. Drastic times require drastic measures. Changing enterprise agreements to withhold or reduce wage increases under an enterprise agreement may be an option for some employers in response to the effects of COVID-19. However, employers should seek advice on the impact that government initiatives such as jobkeeper payments can have on their activities and consider how the best reasons for the general test and the public interest can be met when an application is made to the FWC. The effects of the COVID 19 pandemic are having a devastating impact on the financial viability of businesses around the world. Although legislation is being prepared to ensure some financial security, flexibility can be achieved through the use of certain existing industrial mechanisms, including different conditions under enterprise agreements. On March 31, 2020, CVSG Electrical Construction Pty Ltd (CSVG) asked the Fair Work Commission (FWC), under Section 210 of the Fair Work Act 2009 (Act), to amend the CVSG Electrical Construction Enterprise Agreement 2017-2021 (agreement) to withhold wage increases due under the agreement. A copy of the multiple agreements is now available live and on the Enterprise Agreement website: services.anu.edu.au/human-resources/enterprise-agreement.
I am writing to recommend that the request to amend the Australian National University Enterprise Agreement 2017-2021 has been approved by the Fair Labour Commission. Any employer involved in enterprise negotiations should be aware of the strict deadlines imposed by the FW act and the lack of discretion of the FWC to approve an agreement despite possible procedural defects. If you are not as aware, this can lead to unwanted costs and delays. In Civica BPO Pty Ltd  FWC 4376, the employer, Civica BPO, had used the FWC date calculator to plan the reporting and coordination schedule of its enterprise agreement. At that time, the date calculator suggested that, after informing staff on Thursday, March 8, 2018 of the time, location and nature of the vote, Civica BPO could proceed to its vote on Thursday, March 15, 2018 (no clear 7-day deadline). The CBI`s appeal decision has had an impact on numerous applications for approval of an enterprise agreement, in which employers relied not only on authority in the CBI`s first decision, but also on the FWC`s unique enterprise agreement date calculator on its website. However, in deciding whether to authorize the agreement, the FWC was obliged to comply with the CBI`s appeal decision, without having the discretion to remedy the procedural failure. Reasons given by the FWC: For more information on the process of amending the enterprise agreement, click here: services.anu.edu.au/human-resources/enterprise-agreement/proposed-variation-to-enterprise-agreement. The content of this article is intended to provide a general guide on the subject.