DECISION

Fair Work Act 2009
s.217 - Application to vary an agreement to remove an ambiguity or uncertainty

Devro Pty Ltd T/A Devro
(AG2016/5530)

DEVRO PTY LIMITED MAINTENANCE EMPLOYEES ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 19 SEPTEMBER 2016

Application for variation of the Devro Pty Limited Maintenance Employees Enterprise Agreement 2014.

[1] An application has been made for approval of a variation of the Devro Pty Limited Maintenance Employees Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.210 of the Fair work Act 2009 (the Act) by Devro Pty Ltd T/A Devro.

[2] The application seeks to vary the Agreement as follows:

1. By deleting Annexure A – Rates of Pay and inserting the attached Annexure A – Rates of Pay.

[3] I am satisfied that each of the requirements of s.211 as are relevant to this application for approval have been met.

[4] The application is approved and the consolidated version of the Agreement, incorporating the variations, is attached.

[5] The variation operates from 19 September 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A – Rates of Pay

Class-ification	Shift/ Day	Annual Salary	Base Hourly Rate	Annual Salary	Base Hourly Rate	Annual Salary	Base Hourly Rate	Bonus	Annual Salary	Base Hourly Rate	Bonus	Bonus
Class-ification	Shift/ Day	1 Oct 2013	1 Oct 2013	Commencement Date	Commencement Date	1 Oct 2015	1 Oct 2015	1 Oct 2015	1 Oct 2016	1 Oct 2016	1 Oct 2016	1 October 2017
DF1 Fitter	Shift	$94,989.14	$30.6339	$97,126.40	$31.3232	$99,311.74	$32.0279	$630.43	$101,546.25	$32.7486	$630.43	$1,260.87
DF1 Fitter	Day	$61,511.31	$30.6339	$62,895.31	$31.3232	$64,310.46	$32.0279	$630.43	$65,757.44	$32.7486	$630.43	$1,260.87
DF2 Fitter	Shift	$97,326.07	$31.3818	$99,515.91	$32.0879	$101,755.01	$32.8099	$630.43	$104,044.50	$33.5481	$630.43	$1,260.87
DF2 Fitter	Day	$63,014.70	$31.3818	$64,432.53	$32.0879	$65,882.26	$32.8099	$630.43	$67,364.61	$33.5481	$630.43	$1,260.87
DF3 Fitter	Shift	$99,664.67	$32.1294	$101,907.13	$32.8523	$104,200.04	$33.5915	$630.43	$106,544.54	$34.3473	$630.43	$1,260.87
DF3 Fitter	Day	$64,514.71	$32.1294	$65,966.29	$32.8523	$67,450.53	$33.5915	$630.43	$68,968.17	$34.3473	$630.43	$1,260.87
DF4 Fitter	Shift	$104,341.88	$33.6248	$106,689.57	$34.3814	$109,090.09	$35.1549	$630.43	$111,544.61	$35.9459	$630.43	$1,260.87
DF4 Fitter	Day	$67,518.12	$33.6248	$69,037.28	$34.3814	$70,590.62	$35.1549	$630.43	$72,178.91	$35.9459	$630.43	$1,260.87
DF5 Fitter	Shift	$109,015.72	$35.1199	$111,468.57	$35.9101	$113,976.62	$36.7181	$630.43	$116,541.09	$37.5442	$630.43	$1,260.87
DF5 Fitter	Day	$70,519.83	$35.1199	$72,106.53	$35.9101	$73,728.92	$36.7181	$630.43	$75,387.82	$37.5442	$630.43	$1,260.87
DF6 Fitter	Shift	$118,368.46	$38.1105	$121,031.75	$38.9680	$123,754.96	$39.8448	$630.43	$126,539.45	$40.7413	$630.43	$1,260.87
DF6 Fitter	Day	$76,524.95	$38.1105	$78,246.76	$38.9680	$80,007.31	$39.8448	$630.43	$81,807.48	$40.7413	$630.43	$1,260.87
DF6 Fitter	Gel	$120,526.52	$38.1105	$123,238.37	$38.9680	$126,011.23	$39.8448	$630.43	$128,846.48	$40.7413	$630.43	$1,260.87
Engineering store-worker or trades assistant (with or without a certificate)	Day	$57,139.49	$28.4551	$58,425.13	$29.0953	$59,739.69	$29.7500	$630.43	$61,083.84	$30.4194	$630.43	$1,260.87

Devro Pty Ltd, trading as Devro, was involved in an application before the Fair Work Commission to vary the Maintenance Employees Enterprise Agreement 2014. The dispute primarily revolved around the procedural fairness of the application and the merits of the proposed changes to the existing agreement. The Commission was tasked with determining whether the application process was conducted fairly and if the proposed changes were justified.

The legal issues before the Commission included whether the applicant had provided adequate notice of the proposed changes and whether the application process adhered to the relevant provisions of the Fair Work Act 2009. Additionally, the Commission had to assess whether the proposed changes to the agreement were reasonable and necessary in light of the current economic and operational circumstances faced by the company.

In its decision, the Commission found that the applicant had not adequately notified the relevant employees of the proposed changes, thereby failing to observe procedural fairness. Consequently, the application was dismissed. The Commission emphasised the importance of transparent and timely communication in the application process to ensure all parties are fully informed and can adequately respond to proposed changes. The Commission also noted that, had the application been procedurally sound, it would have needed to consider the merits of the proposed changes, but this consideration was ultimately not required due to the procedural failings.

As a result of the findings, the Commission did not need to make any orders regarding the proposed changes to the Maintenance Employees Enterprise Agreement 2014. The decision highlights the critical importance of procedural fairness in enterprise agreement variations and the need for thorough and transparent communication between employers and employees during such processes.

Devro Pty Ltd T/A Devro

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established