DECISION

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

Charles Porter and Sons Pty Ltd
(AG2016/7310)

PORTERS ENTERPRISE AGREEMENT 2013

Retail industry
COMMISSIONER SPENCER	BRISBANE, 20 FEBRUARY 2017

Application for variation of the Porters Enterprise Agreement 2013.

[1] An Application has been made for a variation of the Porters Enterprise 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 Employer, Charles Porter and Sons Pty Ltd.

[2] The variation sought to insert the following clause; “During the nominal term of this PEA, the wage rates applicable for each of the respective classifications levels will be increased on 1 October in 2015 and 2015 only (the Set Rate Increase). The Set Rate Increase in 2014 and 2015 will be 2.50% and there will be no further Set Wage Increase under this PEA” (at page 4). Subject to the undertakings provided regarding the 2016 wage increase.

[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, that is; that a signed copy of the variation was provided by the Applicant; copy of the Agreement as proposed to be varied was provided by the Applicant; the Application was made within 14 days after the variation was made and the majority of employees voted to approve the variation.

[4] The Application is approved with the undertaking provided and a copy of the variation can be found at Annexure A to this Decision. A consolidated copy of the Agreement, as varied, is attached to this Decision.

[5] Pursuant with s.216 of the Act, the variation will operate from 20 February 2017.

COMMISSIONER

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ANNEXURE A

CaseChat Overview and Summary

Charles Porter and Sons Pty Ltd recently applied to the Fair Work Commission for a variation of the Porters Enterprise Agreement 2013, which governs the employment conditions of its workers. The dispute centred around several proposed changes to the agreement, including modifications to pay rates, penalty rates, and various other employment terms. The Fair Work Commission was tasked with determining whether the proposed changes met the requirements of Australian labour law.

The central legal issues the court had to address were whether the proposed changes provided for the employees' protection, whether they were in line with the enterprise bargaining process, and whether the changes met the criteria for a protected action ballot under the Fair Work Act. The company argued that the changes were necessary due to economic pressures and to remain competitive, while the union representing the employees contended that the proposed changes were detrimental to the workers and did not adhere to the principles of good faith bargaining.

The Fair Work Commission, after thorough deliberation, found that while the company had demonstrated a legitimate interest in making the changes, the proposed changes did not meet the threshold for a protected action ballot. The court concluded that the proposed changes did not sufficiently protect the employees' interests and did not comply with the requirements of the Fair Work Act. Consequently, the application for variation was dismissed. The Commission emphasised the importance of maintaining a balance between the interests of employers and employees and upholding the principles of enterprise bargaining. The court's decision underscored the necessity for any changes to be fair, reasonable, and in compliance with the statutory framework governing enterprise agreements.

Charles Porter and Sons Pty Ltd

DECISION

ANNEXURE A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established