Coffey Testing Pty Ltd

[2016] FWCA 3404

[2016] FWCA 3404

FAIR WORK COMMISSION

DECISION

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

Coffey Testing Pty Ltd
(AG2016/3206)

COFFEY MATERIALS TESTING SERVICES AGREEMENT 2012-2016

Manufacturing and associated industries
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 26 MAY 2016

Application for variation of the Coffey Materials Testing Services Agreement 2012-2016.

[1] An application has been made for a variation to an enterprise agreement known as the Coffey Materials Testing Services Agreement 2012-2016 (the Agreement). The agreement is a single enterprise agreement. This application was made by Coffey Testing Pty Ltd (the Employer) pursuant to s.210 of the Fair Work Act 2009 (the Act)

[2] The application seeks to vary the Agreement by deleting the existing clause 7. “Consultation” and inserting a new “Consultation” clause as follows:

“7. CONSULTATION BEFORE CHANGE AND TERMINATION

7.1 When the employer has made a definite decision to introduce a major change that is likely to have a significant effect on the employees the employer shall consult and communicate with the employees and the AWU as early as possible once a decision to introduce such change has been made. Employees may choose to be represented for the purposes of this consultation including by the AWU.

7.1 The employer must consult with employees and the AWU if they propose to change regular rosters or ordinary hours of work. The employer must:

(a) provide information to the employees and the AWU about the change;

(b) invite the employees and the AWU to give their views about the impact of the change (including any impact in relation to their family or caring responsibilities); and

(c) consider any views given by the employees and the AWU about the impact of the change.

7.3 In relation to terminations of employment resulting from major change, the employer shall:

(a) Provide the employees and the AWU in good time with relevant written information including the reasons for the terminations, the number and categories of workers likely to be affected, the resultant impact of work allocation on remaining employees and the period over which the terminations are intended to be carried out; and

(b) Give the employees and the AWU, as early as possible, an opportunity for consultation on measures to be taken to avert or minimise the terminations and measures to mitigate the adverse effects of any terminations on the workers concerned such as finding alternative employment as well as giving prompt consideration to matters raised by employees.

7.4 In relation to the introduction of major change, the employer shall:

(a) Provide the employees and the AWU in good time with relevant written information about the nature of the major change, the expected effects on employees and measures to avert or mitigate the adverse effects of such change.

(b) Give the employees and the AWU, as early as possible, an opportunity for consultation on the method and timing of the major change as well as giving prompt consideration to matters raised by employees.

7.5 For the purpose of this clause, major change includes changes in production, organisation, work allocation, shift arrangements or technology that are likely to have significant effects on employees. Significant effects include termination of employment, major changes in the composition, operation or size of the workforce or skill level required of employees, change in job or promotion opportunities or job tenure, alteration of hours of work or income, needs for retraining, transfer or restructuring of jobs.

7.6 Coffey is not required to disclose confidential or commercially sensitive information.

7.7 No implementation of major change or terminations of employment as contemplated by the parties pursuant to this clause shall take place until consultation in accordance with this clause 7 has occurred.”

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act, as relevant to this application for approval have been met.

[4] The variation of the Agreement is approved, and in accordance with s.216 of the Act will operate on and from 26 May 2016.

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

DEPUTY PRESIDENT

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