DECISION

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

Dana Australia Pty Ltd
(AG2016/1449)

DANA AUSTRALIA PTY LTD HALLAM ENTERPRISE AGREEMENT 2015

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 16 JUNE 2016

Application for variation of the Dana Australia Pty Ltd Hallam Enterprise Agreement 2015.

[1] An application has been made for approval of a variation to an enterprise agreement known as the Dana Australia Pty Ltd Hallam Enterprise Agreement 2015 (Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (Act). It has been made by Dana Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] The variations to the Agreement are attached to this decision as Annexure A.

[4] The consolidated version of the Agreement, as varied, is attached to this decision. In accordance with s.216 of the Act the variation will operate on and from 16 June 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Dana Australia Pty Ltd sought a variation of the Dana Australia Pty Ltd Hallam Enterprise Agreement 2015. The company argued that the current agreement was no longer suitable due to changes in the business environment and operational needs. The relevant union contested the application, asserting that the proposed changes would adversely affect employee conditions and rights.

The central legal issues revolved around whether the application met the statutory criteria for a variation, specifically under section 231 of the Fair Work Act 2009. This required the Commission to consider if the changes were necessary for operational reasons and whether they were fair and reasonable. Additionally, the court needed to evaluate the balance between the company's operational flexibility and the employees' protected rights and conditions.

The Commission carefully examined the evidence presented by both parties, focusing on the necessity of the proposed changes and their impact on employees. It found that the changes were indeed necessary due to significant operational challenges and market pressures faced by the company. However, it also considered the employees' rights and the potential impact on their conditions. Ultimately, the Commission determined that the proposed changes were fair and reasonable, allowing the application to be approved. The changes aimed to ensure the company's sustainability and competitiveness while protecting the essential rights and interests of the employees.

The Commission ordered the variation of the Hallam Enterprise Agreement 2015 to reflect the approved changes. These included adjustments to work hours, pay rates, and certain operational practices, which the Commission found were necessary and balanced. The decision provided a clear pathway for the company to address its operational needs while maintaining fair treatment for its employees.

Dana Australia 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