DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Cummins South Pacific Pty Ltd T/A Cummins South Pacific
(AG2020/1404)

CUMMINS SOUTH PACIFIC PTY LTD (SCORESBY OPERATIONS) ENTERPRISE AGREEMENT 2019

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 1 JUNE 2020

Application for variation of the Cummins South Pacific Pty Ltd (Scoresby Operations) Enterprise Agreement 2019.

[1] An application has been made for approval of a variation to the Cummins South Pacific Pty Ltd (Scoresby Operations) Enterprise Agreement 2019 (the Agreement). The application was made by Cummins South Pacific Pty Ltd T/A Cummins South Pacific pursuant to section 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 variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[5] In accordance with s.216 of the Act, the variation operates from 1 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Cummins South Pacific Pty Ltd, trading as Cummins South Pacific, applied to the Fair Work Commission for a variation of the Cummins South Pacific Pty Ltd (Scoresby Operations) Enterprise Agreement 2019. The application sought changes to various provisions of the agreement, including those related to employee classification, pay rates, and working conditions. The application was opposed by the United Voice union, which represented the employees. The matter was heard by the Fair Work Commission, which had to determine whether the proposed changes were in accordance with the relevant provisions of the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed changes to the enterprise agreement were consistent with the provisions of the Fair Work Act 2009, particularly section 230, which outlines the criteria for approving an enterprise agreement. The Commission had to consider whether the changes were in the interests of the employees and whether they were fair and reasonable. The Commission also had to consider the evidence presented by both parties and determine whether the changes were necessary and appropriate in the circumstances.

After considering the evidence and submissions from both parties, the Commission found that the proposed changes to the enterprise agreement were consistent with the requirements of the Fair Work Act 2009. The Commission noted that the changes were necessary to address the changing nature of the workforce and the need for greater flexibility in the workplace. The Commission also found that the changes were fair and reasonable and in the best interests of the employees. The application for variation of the enterprise agreement was therefore approved.

The Fair Work Commission ordered that the Cummins South Pacific Pty Ltd (Scoresby Operations) Enterprise Agreement 2019 be varied as per the terms set out in the application. The changes included amendments to employee classification, pay rates, and working conditions. The decision of the Commission was binding on both parties and had the effect of altering the terms and conditions of employment for the employees covered by the enterprise agreement.

Cummins South Pacific Pty Ltd T/A Cummins South Pacific

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established