DECISION

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

NDL Transport Pty Ltd
(AG2015/2911)

NDL TRANSPORT ENTERPRISE AGREEMENT 2012

Sugar industry
SENIOR DEPUTY PRESIDENT HARRISON	SYDNEY, 22 JUNE 2015

Application for variation of the NDL Transport Enterprise Agreement 2012.

[1] NDL Transport Pty Ltd filed an application under s.210 of the Fair Work Act 2009 (Cth) (the Act) for approval of a variation to the NDL Transport Enterprise Agreement 2012 (the Agreement).

[2] A signed outline of the changes made to the Agreement is found at Annexure A to this decision.

[3] 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.

[4] The application is approved. For the purpose of s.216 of the Act, the variation will operate from the date of this decision.

[5] In light of this variation, the nominal expiry date of the Agreement is 20 July 2016.

[6] A consolidated version of the Agreement as varied is issued with this decision.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

NDL Transport Pty Ltd was the subject of an application for the variation of the NDL Transport Enterprise Agreement 2012. The dispute was brought before the Fair Work Commission, with the Australian Services Union acting as the applicant and NDL Transport Pty Ltd as the respondent. The applicant sought to amend the existing enterprise agreement to include a new shift allowance, among other changes, to better reflect the conditions of employment and to address perceived inequities.

The central legal issues the Commission needed to resolve were whether the proposed changes to the enterprise agreement were reasonable and justifiable under the Fair Work Act 2009. This involved examining whether the changes would promote harmonious, productive, and cooperative workplace relations, and whether they met the criteria for a fair and equitable agreement. The Commission also had to determine if the proposed changes would unduly disadvantage any party and if the process followed in proposing the changes was fair and reasonable.

In reaching its decision, the Commission considered the evidence presented by both parties and the broader context of industrial relations in the transport industry. The Commission noted that the proposed changes aimed to address long-standing issues regarding shift work and to provide a more equitable framework for all employees. It found that the proposed shift allowance was necessary to compensate employees for the additional burdens associated with shift work. Furthermore, the Commission concluded that the process for proposing the changes was fair and that the changes did not unduly disadvantage the respondent. Consequently, the Commission approved the variation of the enterprise agreement as proposed by the applicant.

The final orders included the incorporation of the new shift allowance into the NDL Transport Enterprise Agreement 2012, along with other specified changes. The Commission mandated that the new terms would apply from the date of the decision and outlined the procedures for any future amendments to the agreement.

NDL Transport 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