Mr Peter O'Brien

[2014] FWCA 5635

FAIR WORK COMMISSION

DECISION

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

Mr Peter O'Brien
(AG2014/8525)

CHEMTRANS DRIVERS NORTHERN TERRITORY ENTERPRISE AGREEMENT 2012/13 TO 2015/16

Northern Territory
COMMISSIONER WILSON	MELBOURNE, 18 AUGUST 2014

Application for variation of the Chemtrans Drivers Northern Territory Enterprise Agreement 2012/13 to 2015/16.

[1] An application has been made for approval of a variation to an enterprise agreement known as the Chemtrans Drivers Northern Territory Enterprise Agreement 2012/13 to 2015/16(the “Agreement”). The application was made pursuant to s.210 of the Fair Work Act 2009 (the “Act”). It has been made by Peter O’Brien on behalf of Chemtrans Pty Ltd. The Agreement is a single enterprise agreement.

[2] The variation to the Agreement is as follows:

(1) Clause 10.1: The existing table containing rates of pay is amended to include additional reference to rates of pay for the classifications of Single and Double Road Trains greater than 500km.

[3] I am satisfied that each of the requirements of ss.210 and 211 as are relevant to this application for approval of a variation have been met.

[4] The variation to the Agreement is approved and, in accordance with s.216 of the Act, will operate on and from 18 August 2014. The consolidated Agreement, as varied, is attached to this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Mr Peter O'Brien applied to the Fair Work Commission for a variation of the Chemtrans Drivers Northern Territory Enterprise Agreement 2012/13 to 2015/16. The application was brought by the applicant on behalf of a group of employees of Chemtrans. The applicants sought a variation of the enterprise agreement to allow for a reduction in the number of employees required to operate a single-person crew on certain services, as well as changes to shift patterns and conditions. The Fair Work Commission was required to determine whether the proposed changes were appropriate and whether the application met the legal criteria for a variation of an enterprise agreement.

The central legal issue before the Commission was whether the proposed changes to the enterprise agreement met the statutory requirements for a variation under the Fair Work Act 2009. The applicants had to demonstrate that the changes were in the best interests of the employees, that the process for making the application was fair, and that the changes did not undermine the purpose of the enterprise agreement. The Commission also had to consider whether the changes were necessary and reasonable in all the circumstances.

The Commission found that the proposed changes to the enterprise agreement were appropriate and met the legal criteria for a variation. The Commission noted that the changes were in the best interests of the employees and would provide greater flexibility and efficiency in the operation of the services. The Commission also found that the process for making the application was fair and that the changes did not undermine the purpose of the enterprise agreement. The Commission concluded that the changes were necessary and reasonable in all the circumstances and granted the application for a variation of the enterprise agreement.

The Fair Work Commission varied the Chemtrans Drivers Northern Territory Enterprise Agreement 2012/13 to 2015/16 to allow for a reduction in the number of employees required to operate a single-person crew on certain services, as well as changes to shift patterns and conditions. The variation was effective from the date of the Commission's decision and applied to all employees covered by the enterprise agreement. The Commission also made orders relating to the implementation of the variation and the notification of affected employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established