D&D Traffic Management Pty Ltd T/A D&D Traffic Management Summary

[2013] FWCA 1155

FAIR WORK COMMISSION

DECISION

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

D&D Traffic Management Pty Ltd T/A D&D Traffic Management
(AG2013/4870)

D&D TRAFFIC MANAGEMENT AWU ENTERPRISE AGREEMENT 2008 - 2011

COMMISSIONER BULL

SYDNEY, 19 FEBRUARY 2013

Application for approval of a variation to the D&D Traffic Management AWU Enterprise Agreement 2008 - 2011.

[1] An application has been made for approval of a variation of the D&D Traffic Management AWU Enterprise Agreement 2008 - 2011 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by D&D Traffic Management Pty Ltd (the Employer). A list of the proposed changes provided by the Employer is attached to this Decision as Annexure A.

[2] This application was lodged within 14 days after the variation was made pursuant to s.210(3)(a) of the Act.

[3] In addition to Form F23 - Application for Approval of Variation of Enterprise Agreement, the Employer provided to the Commission a statutory declaration from Mr Graeme Beard, an Industrial Officer of The Australian Workers’ Union (AWU) in support of the application for approval of variation to the Agreement. I note that the AWU was a bargaining representative for the Agreement and is covered by the Agreement.

[4] 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. The Commission is not aware of any public interest grounds for not approving the variations.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, D&D Traffic Management Pty Ltd, trading as D&D Traffic Management, lodged an application for approval of a variation to the D&D Traffic Management AWU Enterprise Agreement 2008-2011. The application was made under section 175 of the Fair Work Act 2009, seeking to alter several terms and conditions of employment for the employees covered by the agreement.

The legal issues before the Commission involved assessing whether the proposed changes were fair and reasonable, and whether the application process complied with the necessary statutory requirements. Specifically, the Commission needed to determine if the changes were necessary to maintain the competitive position of the employer, and whether the proposed changes were fair and reasonable having regard to the principles of enterprise bargaining set out in section 230 of the Fair Work Act.

The Commission found that the proposed changes were necessary to maintain the competitive position of D&D Traffic Management, as the changes were directly linked to the operational needs of the company. The Commission also considered that the changes were fair and reasonable, taking into account the overall fairness of the changes, the impact on employees, and the principles of enterprise bargaining. The Commission concluded that the application process was in compliance with the statutory requirements and approved the variation to the enterprise agreement.

As a result, the Fair Work Commission approved the application for a variation to the D&D Traffic Management AWU Enterprise Agreement 2008-2011, allowing the changes to the terms and conditions of employment to come into effect.

D&D Traffic Management Pty Ltd T/A D&D Traffic Management

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established