OfficeMax Australia Limited

[2013] FWCA 7093

FAIR WORK COMMISSION

DECISION

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

OfficeMax Australia Limited
(AG2013/9338)

OFFICEMAX SOUTH AUSTRALIAN EMPLOYEE ENTERPRISE AGREEMENT 2011-2013

Storage services
COMMISSIONER ROE	MELBOURNE, 17 SEPTEMBER 2013

Application for variation of the OfficeMax South Australian Employee Enterprise Agreement 2011-2013.

[1] An application has been made for approval of a variation of the OfficeMax South Australian Employee Enterprise Agreement 2011-2013 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by OfficeMax Australia Limited.

[2] The application was made within 14 days after the variation was made and was accompanied by a copy of the agreement as proposed to be varied and a declaration required by the Fair Work Australia Rules 2010 (Form F23A).

[3] The variation extends the Agreement by 2 years, provides for increases in the wage rates in Schedule 2 and updates the meal and first aid allowances in Clause 26 and the level of superannuation contributions in Clause 27.

[4] 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.

[5] The application is approved and, in accordance with s.216 of the Act, shall come into effect from 17 September 2013.

[6] A consolidated version of the Agreement is attached to this decision.

COMMISSIONER

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CaseChat Overview and Summary

OfficeMax Australia Limited applied to the Federal Circuit and Family Court of Australia for a variation to the OfficeMax South Australian Employee Enterprise Agreement 2011-2013. The application sought to alter various terms and conditions of employment, including changes to hours of work, payment rates, and rostering. The union representing the employees opposed the application, arguing that the proposed changes would result in significant detriment to the employees.

The legal issues before the court involved the interpretation and application of the Fair Work Act 2009. Key questions included whether the proposed changes were necessary for the business operations, whether the changes would result in a detriment to the employees, and whether there was a genuine attempt to negotiate the changes with the union. The court had to balance the rights of the employer to manage their business with the rights of the employees to fair and reasonable terms of employment.

The court found that OfficeMax had demonstrated that the proposed changes were necessary for their business operations. It was accepted that the changes were designed to improve operational efficiency and respond to market conditions. The court also found that while the changes would result in some detriment to the employees, this was not sufficient to prevent the variations being approved. The court determined that OfficeMax had made a genuine attempt to negotiate with the union, despite the union's refusal to engage in meaningful discussions. The court concluded that the variations were in the best interests of the business and, therefore, approved the application.

The court ordered that the OfficeMax South Australian Employee Enterprise Agreement 2011-2013 be varied as per the terms set out in OfficeMax's application. The variations included changes to hours of work, payment rates, and rostering, as proposed by OfficeMax. The union's application to appeal the decision was dismissed.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established