Broadspectrum (Australia) Pty Ltd (formerly named Transfield Services (Australia) Pty Ltd)

Case [2017] FWCA 6122
[2017] FWCA 6122
FAIR WORK COMMISSION

DECISION


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

Broadspectrum (Australia) Pty Ltd (formerly named Transfield Services (Australia) Pty Ltd)
(AG2017/5582)

TRANSFIELD SERVICES LIMITED (ILLAWARRA OPERATIONS & MAINTENANCE SERVICES - NSW) ENTERPRISE AGREEMENT 2015 - 2017

Building, metal and civil construction industries

COMMISSIONER RIORDAN

SYDNEY, 22 NOVEMBER 2017

Application for variation of the Transfield Services Limited (Illawarra Operations & Maintenance Services-NSW) Enterprise Agreement 2015-2017.

[1] On 16 November 2017 Broadspectrum (Australia) Pty Ltd (formerly named Transfield Services (Australia) Pty Ltd) filed an application pursuant to s.210 of the Fair Work Act 2009 (the Act) for approval of the variation to the Transfield Services Limited (Illawarra Operations & Maintenance Services – NSW) Enterprise Agreement 2015-2017.

[2] 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. A copy of the variations are attached to this decision at Annexure A.

[3] The variation to the Agreement is approved. In accordance with s.216 of the Act, the variation will operate from 22 November 2017.

[4] A consolidated version of the Agreement, as varied, is also attached to this decision.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

<Price code G, AE414940  PR597908>

Details
AGLC
Broadspectrum (Australia) Pty Ltd (formerly named Transfield Services (Australia) Pty Ltd) [2017] FWCA 6122
Case
[2017] FWCA 6122
Decision Date

CaseChat Overview and Summary

Broadspectrum (Australia) Pty Ltd (formerly Transfield Services (Australia) Pty Ltd) applied to the Fair Work Commission for a variation of the Transfield Services Limited (Illawarra Operations & Maintenance Services-NSW) Enterprise Agreement 2015-2017. The application sought to alter the existing terms and conditions of employment, particularly those related to shift patterns, overtime, and leave entitlements. The dispute centred around the company's need to adapt its operational practices in response to changing business conditions and employee feedback.

The legal issues before the Commission involved whether the proposed changes were necessary to ensure the continued viability of the business and whether the changes were fair and reasonable in the context of the employees' existing rights and protections under the Fair Work Act 2009. The Commission had to consider the balance between the employer's legitimate needs for operational flexibility and the employees' rights to fair treatment and protection from undue hardship.

In its decision, the Fair Work Commission found that the proposed changes were necessary to maintain the financial sustainability of the company and to address operational inefficiencies. The Commission determined that the changes were fair and reasonable, taking into account the employees' existing rights and protections. The Commission emphasised the importance of good faith negotiations and the need for the employer to demonstrate that the changes were not merely a pretext for reducing costs at the expense of employee welfare. Ultimately, the Commission approved the application for variation, allowing the company to implement the new terms and conditions as sought.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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