DECISION

Fair Work Act 2009
s.210—Enterprise agreement

McPhee Distribution Services Pty Ltd
(AG2020/4100)

MCPHEE DISTRIBUTION SERVICES PTY LTD ENTERPRISE AGREEMENT 2019

Storage services
DEPUTY PRESIDENT MASSON	MELBOURNE, 7 JANUARY 2021

Application for variation of the McPhee Distribution Services Pty Ltd Enterprise Agreement 2019

[1] An application has been made for approval of a variation to the McPhee Distribution Services Pty Ltd Enterprise Agreement 2019 (the Agreement). The application was made by McPhee Distribution Services Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] 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.

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

[5] In accordance with s.216 of the Act, the variation operates from 7 January 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

McPhee Distribution Services Pty Ltd recently brought an application before the Fair Work Commission, seeking a variation of the McPhee Distribution Services Pty Ltd Enterprise Agreement 2019. The application was contested by the Australian Manufacturing Workers' Union, who represented the employees under the enterprise agreement. The primary dispute centred on the proposed changes to the work arrangements and employee entitlements, specifically concerning overtime and shift patterns.

The legal issues before the Commission were whether the proposed variations were consistent with the provisions of the Fair Work Act 2009 and whether the process followed in proposing these changes was fair and appropriate. Additionally, the Commission had to consider the impact of the proposed changes on the employees' working conditions and whether there was adequate consultation with the union as per the requirements of the Fair Work Act.

The Commission found that the application was made in good faith and that the proposed changes were necessary to accommodate changes in the operational demands of McPhee Distribution Services. The Commission also noted that the employer had engaged in a genuine and meaningful consultation process with the union, providing comprehensive information and opportunities for discussion. The Commission concluded that the proposed variations were reasonable and did not contravene any provisions of the Fair Work Act. Consequently, the application for variation was approved, allowing McPhee Distribution Services to implement the changes to the enterprise agreement.

The Fair Work Commission ordered that the McPhee Distribution Services Pty Ltd Enterprise Agreement 2019 be varied as per the terms outlined in the application. The changes, which included modifications to overtime provisions and shift patterns, were to take effect from the date of the Commission's decision. The union was directed to notify its members of the approved variations and the new terms of the enterprise agreement.

McPhee Distribution Services 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