| [2014] FWCA 6053 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement
Modfix - a division of ITW Australia Pty Ltd
(AG2014/6888)
MODFIX AND NATIONAL UNION OF WORKERS ENTERPRISE AGREEMENT 2011
Manufacturing and associated industries | |
SENIOR DEPUTY PRESIDENT WATSON | MELBOURNE, 9 SEPTEMBER 2014 |
Application for variation of the Modfix and National Union of Workers Enterprise Agreement 2011 – agreement varied.
On 21 July 2014, Modfix – a division of ITW Australia Pty Ltd (Modfix), applied under s.210 of the Fair Work Act 2009 (the Act) for approval of a variation of the Modfix and National Union of Workers Enterprise Agreement 2011 1 (the Agreement).
[1] The parties bound by the Agreement, as approved on 29 November 2011 2 are Modfix, the National Union of Workers and all employees of Modfix who perform work in or connection with the rubber, plastic and cable making industry, employed at the Braeside site of Modfix.
[2] The variation made by the parties, as per Attachment A to this decision, deals with a relocation to the Chirnside Park site, extending the coverage of the Agreement to that site (clause 5). The new clause 23A—Relocation to Ramset Drive – Increase to hourly wage rate, provides an increase to the hourly wage rate payable to employees permanently relocating to the new site, based on increased travel times, in order to assist employees in relocating their place of employment. I am satisfied that had an application been made under s.185 of the Act for the approval of the agreement as proposed to be varied, I would have been required to approve the agreement under s.186 of the Act. The variation does not alter the nominal expiry date of the Agreement. There are no serious public interest grounds for not approving the variation.
[3] Having regard to the approval requirements in s.211(1) of the Act and the modification of approval requirements in s.211(2), I am satisfied that I must approve the variation.
[4] The variation will operate from 9 September 2014.
SENIOR DEPUTY PRESIDENT
ATTACHMENT A
1 AE889661.
2 [2011] FWAA 8176.
Printed by authority of the Commonwealth Government Printer
<Price code J, AE889661 PR554976>
- AGLC
- Modfix - a division of ITW Australia Pty Ltd [2014] FWCA 6053
- Case
- [2014] FWCA 6053
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the Commission were whether the proposed changes were reasonable and justifiable under the Fair Work Act 2009, and whether the application met the threshold for a good faith negotiation process. The Commission had to assess whether the changes were necessary to accommodate changes in the business environment and whether they were fair and reasonable in the context of the overall agreement. Additionally, the Commission needed to determine if the application demonstrated a genuine attempt at good faith bargaining.
The Fair Work Commission found that the proposed changes were necessary to address significant operational challenges faced by Modfix. The Commission was satisfied that the changes were reasonable and justifiable, taking into account the broader context of the enterprise agreement and the specific needs of the business. The Commission noted that the application demonstrated a good faith attempt at negotiation, despite the union's objections. As a result, the Commission varied the enterprise agreement as requested by Modfix. The final orders included amendments to working hours, shift patterns, and leave entitlements, reflecting the changes proposed in the application.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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