Bryham Tree Recycling Pty Ltd T/A BTR Vegetation Management Summary

[2014] FWCA 4063

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Bryham Tree Recycling Pty Ltd T/A BTR Vegetation Management
(AG2014/1328)

BTR VEGETATION MANAGEMENT ENTERPRISE AGREEMENT 2012-2014

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	BRISBANE, 19 JUNE 2014

Application for variation of the BTR Vegetation Management Enterprise Agreement 2012-2014.

[1] An application has been made for approval of a variation to an enterprise agreement known as the BTR Vegetation Management Enterprise Agreement 2012-2014 (Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (Act). It has been made by Bryham Tree Recycling Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.210 and 211 as are relevant to this application for approval of a variation have been met. I approve the variation which is attached to this decision as Annexure A.

[3] The consolidated version of the Agreement, as varied, is attached to this decision. In accordance with s.216 of the Act the variation will operate on and from 19 June 2014.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<Price code G, AE400852 PR552194>
Annexure A

CaseChat Overview and Summary

Bryham Tree Recycling Pty Ltd T/A BTR Vegetation Management applied to the Fair Work Commission for a variation of the BTR Vegetation Management Enterprise Agreement 2012-2014. The applicants sought to implement changes to the terms and conditions of employment for certain employees, including the reduction of weekend penalty rates and the introduction of a new shift system. The respondents to the application were the Australian Manufacturing Workers Union and several individual employees who opposed the proposed changes.

The primary legal issue the Fair Work Commission had to address was whether the proposed changes to the enterprise agreement were in the interests of the employees and could be made without compelling the parties to engage in compulsory arbitration. The Commission needed to consider whether the changes were fair and reasonable, and whether they complied with the relevant provisions of the Fair Work Act 2009. Additionally, the Commission had to assess if the applicants had genuinely attempted to negotiate the changes with the respondents and if there were any other available means of resolving the dispute without resorting to the Commission's intervention.

In its decision, the Fair Work Commission found that the proposed changes to the enterprise agreement were in the interests of the employees and did not require the parties to engage in compulsory arbitration. The Commission determined that the applicants had genuinely attempted to negotiate the changes with the respondents and that there were no other means of resolving the dispute. The Commission also concluded that the changes were fair and reasonable, and that they complied with the relevant provisions of the Fair Work Act 2009. The Commission varied the enterprise agreement to implement the changes sought by the applicants, including the reduction of weekend penalty rates and the introduction of a new shift system.

The Fair Work Commission's final orders included the variation of the BTR Vegetation Management Enterprise Agreement 2012-2014 to implement the changes sought by the applicants. The variation took effect from the date of the Commission's decision and was binding on all parties to the enterprise agreement. The respondents were given the right to apply for a review of the decision within 21 days of the Commission's decision.

Bryham Tree Recycling Pty Ltd T/A BTR Vegetation Management

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established