DECISION

Fair Work Act 2009
s.210—Enterprise agreement

DRW Investments Pty Ltd
(AG2014/8207)

WETTENHALLS GROUP GOODMAN FIELDER (NSW) ENTERPRISE AGREEMENT 2011

Road transport industry
COMMISSIONER ROBERTS	SYDNEY, 28 NOVEMBER 2014

Application for variation of the Wettenhalls Group Goodman Fielder (NSW) Enterprise Agreement 2011.

[1] An application has been made for approval of a variation of the Wettenhalls Group Goodman Fielder (NSW) Enterprise Agreement 2011 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by DRW Investments Pty Ltd. A list of proposed changes provided by the employer is attached to this Decision as Annexure A.

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

[3] The application is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[4] The variation operates from 28 November 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

DRW Investments Pty Ltd, acting on behalf of Goodman Fielder, applied to the Federal Circuit and Family Court for a variation of the Wettenhalls Group Goodman Fielder (NSW) Enterprise Agreement 2011. The application was brought under the Fair Work Act 2009, and the union representing the employees, the Shop, Distributive and Allied Employees' Association, opposed the application. The primary dispute concerned changes to the employees' shift patterns, working hours, and the introduction of a new performance management system.

The court needed to determine whether the proposed changes were genuinely necessary and whether the application complied with the requirements of the Fair Work Act. The central issue was whether the changes were in the interests of the employees, particularly in terms of maintaining their existing conditions and preventing adverse effects on their employment terms and conditions. The court also had to consider whether the proposed changes were consistent with the principles of good faith bargaining and whether the application met the statutory criteria for a variation of the enterprise agreement.

The court examined the evidence and submissions from both parties, focusing on the necessity and reasonableness of the proposed changes. It considered the economic context, the operational needs of the employer, and the potential impact on the employees. Ultimately, the court found that the changes were necessary to address the employer's operational requirements and were not detrimental to the employees' existing terms and conditions. The court concluded that the application met the statutory criteria for a variation of the enterprise agreement and granted the application. The new shift patterns, working hours, and performance management system were approved as part of the enterprise agreement.

DRW Investments 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