DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Altus Traffic Pty Ltd T/A Altus Traffic
(AG2017/4285)

ALTUS TRAFFIC PTY LTD (TASMANIA) ENTERPRISE AGREEMENT 2016

Tasmania
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 6 OCTOBER 2017

Application for variation of the Altus Traffic Pty Ltd (Tasmania) Enterprise Agreement 2016.

[1] An application has been made for approval of a variation to the Altus Traffic Pty Ltd (Tasmania) Enterprise Agreement 2016 (the Agreement). The application was made by Altus Traffic Pty Ltd T/A Altus Traffic 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 6 October 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Altus Traffic Pty Ltd, trading as Altus Traffic, sought a variation of the Altus Traffic Pty Ltd (Tasmania) Enterprise Agreement 2016. The application was heard in the Fair Work Commission. The matter centred on the request to amend the existing enterprise agreement to reflect changes in the employment landscape, including modifications to remuneration and working conditions.

The primary legal issues before the Commission were whether the proposed changes were necessary and appropriate, and if they met the criteria for a variation under the Fair Work Act 2009. The Commission had to consider whether the changes would improve the efficiency, productivity, or flexibility of the workplace without disadvantaging the employees. It also needed to assess if the proposed changes were in line with contemporary employment practices and if the process of consultation and agreement was properly followed.

In its decision, the Commission carefully evaluated the submissions from both parties. It found that the proposed changes were necessary to adapt to the evolving business environment and would not adversely affect the employees. The Commission concluded that the changes met the criteria for a fair and reasonable variation. Consequently, the application for the variation of the enterprise agreement was approved, with the new terms coming into effect as specified in the decision.

The final orders included the endorsement of the amended enterprise agreement, effective from a date specified by the Commission. The new agreement detailed the updated terms and conditions of employment, reflecting the agreed changes. The decision was binding on all parties and set the new framework for employment under the enterprise agreement.

Altus Traffic Pty Ltd T/A Altus Traffic

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established