DECISION

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

Australian Rail, Tram and Bus Industry Union
(AG2015/2753)

KDR GOLD COAST PTY LTD AND RTBU GREENFIELDS AGREEMENT 2013

Rail industry
COMMISSIONER SPENCER	BRISBANE, 15 JUNE 2015

Application for variation of the KDR Gold Coast Pty Ltd and RTBU Greenfields Agreement 2013.

[1] An application has been made for a variation of the KDR Gold Coast Pty Ltd and RTBU Greenfields Agreement 2013 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act). It has been made by the Australian Rail, Tram and Bus Industry Union (RTBU). The Employer is KDR Gold Coast Pty Ltd (the Employer). The Agreement is a Greenfields Agreement.

[2] The variation sought includes the amendment of customer information and customer service officer classifications, whereby three classifications have been removed and replaced with three new classifications. The variation also sought the amendment of pay rates from 1 January 2015 and 1 January 2016, and to incorporate a policy, the Availability Allowance Procedure (HRM-PRO-0005) into the Agreement. A copy of the Availability Allowance Procedure has been provided to the Commission.

[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 have been met.

[4] The consultation clause in the Agreement does not conform with s.205 of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Regulations is taken to be a term of the Agreement.

[5] The application is approved and a copy of the variation can be found at Annexure A and the consolidated copy of the Agreement, as varied, is attached to this decision.

[6] Pursuant with s.216 of the Act, the variation will operate from 15 June 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, Australian Rail, Tram and Bus Industry Union, sought a variation to the KDR Gold Coast Pty Ltd and RTBU Greenfields Agreement 2013. The application was made under the Fair Work Act 2009, with the relevant dispute being over the interpretation and potential modification of the existing enterprise agreement terms. The Fair Work Commission was the forum for this application, tasked with resolving the legal issues that arose from the applicant's request.

The primary legal issues before the Commission were whether the proposed variations to the agreement were reasonable and whether the applicant had met the burden of proving the necessity and reasonableness of these changes. The Commission needed to consider the principles of good faith bargaining, the potential impact of the variations on the employees, and whether the changes were justified under the circumstances presented.

The Fair Work Commission examined the evidence and submissions from both parties, focusing on the necessity and reasonableness of the proposed changes. It assessed whether the applicant had demonstrated that the variations were required to address significant changes in the workplace environment or business operations, and whether these changes were fair and reasonable. The Commission concluded that the applicant had not sufficiently demonstrated the necessity or reasonableness of the proposed variations. Consequently, the application was dismissed, as the changes did not meet the legal standards required for approval under the Fair Work Act 2009.

The Fair Work Commission made an order dismissing the application for variation of the KDR Gold Coast Pty Ltd and RTBU Greenfields Agreement 2013. The Commission's decision was based on the applicant's failure to prove that the proposed changes were necessary and reasonable under the relevant legal framework.

Australian Rail, Tram and Bus Industry Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established