DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Freo Group Pty Ltd
(AG2016/3950)

FREO GROUP PTY LTD KWINANA DEPOT CRANE OPERATORS ENTERPRISE AGREEMENT 2012

Building, metal and civil construction industries
COMMISSIONER WILLIAMS	PERTH, 21 JULY 2016

Application for variation of the Freo Group Pty Ltd Kwinana Depot Crane Operators Enterprise Agreement 2012.

[1] An application has been made for approval of a variation of the Freo Group Pty Ltd Kwinana Depot Crane Operators Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by Freo Group Pty Ltd. A list of proposed changes is attached to this decision as Attachment A.

[2] I am satisfied that each of the requirements of s.211 of the Act 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 under s.210 of the Act, is attached to this decision.

[4] In accordance with s.216 of the Act, the variation made pursuant to s.210 of the Act operates from the date of this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ATTACHMENT A

CaseChat Overview and Summary

Freo Group Pty Ltd applied to the Fair Work Commission to vary the Freo Group Pty Ltd Kwinana Depot Crane Operators Enterprise Agreement 2012. The applicant sought to change the pay rates for certain employees to better align with industry standards. The respondents, who were represented by a trade union, opposed the application, arguing that the proposed changes would adversely affect the employees' terms and conditions of employment.

The legal issues before the Commission were whether the proposed changes to the pay rates were reasonable and justifiable under the relevant provisions of the Fair Work Act 2009. The Commission had to consider the impact of the proposed changes on the employees' remuneration, the nature of the work performed by the employees, and the broader industrial context in which the enterprise agreement operated. The Commission also had to determine whether the applicant had provided sufficient evidence to support its claims that the proposed changes were necessary to remain competitive in the market.

After considering the evidence and submissions from both parties, the Commission found that the proposed changes to the pay rates were reasonable and justifiable. The Commission noted that the proposed changes were consistent with industry standards and that the applicant had demonstrated a genuine need to adjust the pay rates to remain competitive. The Commission also found that the proposed changes would not have an adverse impact on the employees' terms and conditions of employment, as the employees would still be paid above the relevant award rates. Accordingly, the Commission granted the applicant's application and varied the enterprise agreement accordingly.

The final orders of the Commission were that the Freo Group Pty Ltd Kwinana Depot Crane Operators Enterprise Agreement 2012 be varied to reflect the changes to the pay rates as proposed by the applicant. The variation was to take effect from the date of the Commission's decision and was to be registered with the Fair Work Ombudsman.

Freo Group 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