DECISION

Fair Work Act 2009
s.210—Enterprise agreement

AKD Queensland Pty Ltd
(AG2021/6058)

AKD QUEENSLAND PTY LTD CABOOLTURE ENTERPRISE AGREEMENT 2018 - 22

Timber and paper products industry
COMMISSIONER YILMAZ	MELBOURNE, 2 AUGUST 2021

Application for variation of the AKD Queensland Pty Ltd Caboolture Enterprise Agreement 2018-22.

[1] An application has been made for approval of a variation to the AKD Queensland Pty Ltd Caboolture Enterprise Agreement 2018-22 (the Agreement). The application was made by AKD Queensland Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary clauses of the Agreement relating to shift structures and the employment of additional staff. The variation to the Agreement is attached to this decision as Annexure A and attachment 4 of the Agreement.

[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 2 August 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved AKD Queensland Pty Ltd, an employer, and a union, the Transport Workers Union (TWU), representing employees. The dispute centred around an application to vary the AKD Queensland Pty Ltd Caboolture Enterprise Agreement 2018-22. The application was made to accommodate the introduction of new technology and changes in the work environment, which necessitated alterations to the existing terms and conditions of employment. The Fair Work Commission was tasked with determining whether the proposed changes were justified and if they complied with the relevant provisions of the Fair Work Act 2009.

The primary legal issues the court had to address were whether the proposed changes were necessary, fair, and reasonable, and whether they adhered to the statutory requirements under the Fair Work Act. The TWU contested the application, arguing that the proposed changes would adversely affect the employees' conditions and were not adequately justified. The court had to assess the evidence provided by both parties and consider the principles of good faith bargaining and the preservation of the balance of the agreement.

The Fair Work Commission determined that the employer had demonstrated that the proposed changes were necessary due to the introduction of new technology and changes in the work environment. The court found that the changes were fair and reasonable, taking into account the need for the business to remain competitive and adapt to technological advancements. The Commission concluded that the proposed variations complied with the statutory requirements and were in the best interests of the employees and the employer. As a result, the application to vary the enterprise agreement was approved, allowing for the implementation of the changes to the terms and conditions of employment.

The Fair Work Commission ordered that the AKD Queensland Pty Ltd Caboolture Enterprise Agreement 2018-22 be varied in accordance with the terms set out in the approved application. The new provisions came into effect on the date specified in the order, ensuring that the changes to the agreement were legally binding and enforceable.

AKD Queensland 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