Hazell Bros Group Pty Limited

[2014] FWCA 2079

FAIR WORK COMMISSION

DECISION

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

Hazell Bros Group Pty Limited
(AG2014/3930)

FLEET MAINTENANCE EMPLOYEE ENTERPRISE AGREEMENT 2011-2014

Tasmania
SENIOR DEPUTY PRESIDENT ACTON	MELBOURNE, 1 APRIL 2014

Application for variation of the Fleet Maintenance Employee Enterprise Agreement 2011-2014.

[1] An application has been made for approval of a variation to the Fleet Maintenance Employee Enterprise Agreement 2011-2014 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by Hazell Bros Group Pty Limited.

[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, is attached to this decision.

[4] The agreement will now be known as the Fleet Maintenance Employee Enterprise Agreement 2011-2015 (as varied).

[5]
The variation operates from 1 April 2014.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Hazell Bros Group Pty Limited, an applicant, sought a variation of the Fleet Maintenance Employee Enterprise Agreement 2011-2014, which was the subject of a dispute between the applicant and the Transport Workers Union of Australia, the respondent. The application was heard in the Fair Work Commission, where it was necessary to determine whether the proposed changes to the agreement were in the interests of the employees.

The legal issues at hand were whether the proposed variations, which included changes to the classification of employees, their working hours, and the introduction of a new shift system, were fair and reasonable in all circumstances. The court needed to consider the impact of these changes on the employees, whether there was a sufficient basis for the changes, and whether the changes were necessary to maintain the competitiveness of the business.

The Fair Work Commission found that the proposed changes were reasonable and in the interests of the employees. The commission acknowledged the need for the business to remain competitive and flexible in the face of changing market conditions. The changes were deemed necessary to achieve this goal and were considered to be fair and reasonable, given the evidence presented. The commission also found that the proposed changes would not result in a detriment to the employees, as the changes were accompanied by appropriate protections and safeguards. The application was therefore approved, and the changes were incorporated into the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established