DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Category 5 Labour Management (WA) Pty Ltd T/A Category 5 Labour Management (WA) Pty Ltd
(AG2021/4410)

CAT 5 WA ENTERPRISE AGREEMENT 2020

Rail industry
DEPUTY PRESIDENT BEAUMONT	PERTH, 27 APRIL 2021

Application for variation of the Cat 5 WA Enterprise Agreement 2020.

[1] An application has been made for approval of a variation to the Cat 5 WA Enterprise Agreement 2020 (the Agreement). The application was made by Category 5 Labour Management (WA) Pty Ltd T/A Category 5 Labour Management (WA) Pty Ltd pursuant to s 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 Applicant provided written undertakings to meet concerns that particular requirements of ss 186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted, and the Agreement was approved on 23 July 2020. Those undertakings form part of the Agreement as varied.

[5] The Applicant provided the Commission with an amended Form F23A – Employer’s declaration in support of a variation of an enterprise agreement (Form F23A), which corrected a typographical error contained in the original Form F23A. The amended Form F23A was accompanied by an application pursuant to s 586 of the Act. I am satisfied that it is proper for me to receive the amended Form F23A, and that it is appropriate to do so pursuant to s 586.

[6] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[7] In accordance with s 216 of the Act, the variation operates from 27 April 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the matter of Category 5 Labour Management (WA) Pty Ltd, trading as Category 5 Labour Management, was brought forward as an application for variation of the Category 5 Western Australia Enterprise Agreement 2020. The application was made by Category 5 Labour Management, and the respondents included several unions representing the employees covered by the agreement. The dispute centred around several proposed amendments to the enterprise agreement, which Category 5 Labour Management argued were necessary due to changes in the operational environment and economic conditions.

The primary legal issues before the Commission involved whether the proposed variations were necessary and reasonable under the Fair Work Act 2009. The court had to assess whether the changes proposed by Category 5 Labour Management were justifiable and did not adversely affect the employees' conditions. The unions argued that the proposed changes would lead to a deterioration in employee conditions and were not warranted under the circumstances.

The Commission considered the economic context, the nature of the proposed changes, and the impact on the employees. It found that while some changes were necessary due to economic pressures, others were not adequately justified. The Commission concluded that some of the proposed variations were reasonable and necessary, while others were not. Consequently, the Commission varied the enterprise agreement in part, allowing some changes while rejecting others that were deemed unreasonable.

The final orders included variations to specific sections of the enterprise agreement as proposed by Category 5 Labour Management, with certain amendments disallowed. The decision balanced the need for operational flexibility with the protection of employees' rights and conditions.

Category 5 Labour Management (WA) Pty Ltd T/A Category 5 Labour Management (WA) 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