DECISION

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

H2GO Cart Hire Pty Ltd
(AG2015/6480)

H2GO CART HIRE PTY LTD ENTERPRISE AGREEMENT

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 2 DECEMBER 2015

Application for variation of the H2GO Cart Hire Pty Ltd Workplace Agreement.

[1] An application has been made for approval of a variation of the H2GO Cart Hire Pty Ltd Workplace Agreement (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by H2GO Cart Hire Pty Ltd (the Applicant). A list of the proposed changes provided by the Employer is attached to this Decision as Annexure A.

[2] The Agreement was approved on 20 September 2012, with a nominal expiry date of 27 September 2015.

[3] The variation was made on 14 October 2015. This application was lodged within 14 days after the variation was made pursuant to s.210(3)(a) of the Act.

[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.

[5] The variation to the Agreement is approved and, in accordance with s.216 of the Act, will operate on and from 2 December 2015.

COMMISSIONER

Annexure A

Undertaking

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved H2GO Cart Hire Pty Ltd and its employees, who sought to vary their workplace agreement to include specific provisions regarding rostering and shift patterns. The dispute centred around the employees' request for more predictable and equitable scheduling practices, which they claimed were lacking under the existing agreement. The Commission was tasked with determining whether the proposed changes would result in a fairer and more balanced working arrangement for all parties involved.

The primary legal issue before the Commission was whether the proposed variations to the workplace agreement were consistent with the principles of procedural fairness and good faith bargaining, as required by the Fair Work Act 2009. The applicants argued that the existing agreement did not adequately address rostering practices, leading to significant work-life balance issues and employee dissatisfaction. Conversely, H2GO Cart Hire Pty Ltd contended that the requested changes would impose undue financial and operational burdens, undermining the business's ability to function effectively.

In evaluating the application, the Commission considered the evidence presented by both parties, including testimonies from employees and management regarding the impact of the current rostering practices. The Commission also assessed the potential implications of the proposed changes on the business's operations and financial viability. Ultimately, the Commission found that while the employees' concerns about rostering were valid, the requested changes would impose significant operational challenges on H2GO Cart Hire Pty Ltd. However, the Commission determined that a compromise could be reached through the introduction of more flexible rostering provisions, which would address the employees' concerns while also accommodating the business's operational needs.

The Fair Work Commission varied the H2GO Cart Hire Pty Ltd Workplace Agreement to include specific provisions regarding rostering and shift patterns. These provisions aimed to provide employees with more predictable and equitable scheduling practices while also allowing the business to maintain its operational efficiency. The Commission's decision balanced the need for fair and balanced working arrangements with the necessity of maintaining a viable business model for H2GO Cart Hire Pty Ltd.

H2GO Cart Hire 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