Paveset Australia Pty Ltd / Lightbin Pty Ltd as trustee for the Roadset Survey Trust T/A Paveset Australia Pty Ltd / Roadset Surveys

[2018] FWCA 1644

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.210—Enterprise agreement

Paveset Australia Pty Ltd / Lightbin Pty Ltd as trustee for the Roadset Survey Trust T/A Paveset Australia Pty Ltd / Roadset Surveys

(AG2017/6576)

Roadset/Paveset Field Operators Enterprise Agreement 2014

Building, metal and civil construction industries
Deputy President Gostencnik	MELBOURNE, 20 MARCH 2018

Application for variation of the Roadset/Paveset Field Operators Enterprise Agreement 2014.

An application has been made for approval of a variation to the Roadset/Paveset Field Operators Enterprise Agreement 2014 (the Agreement). The application was made by Paveset Australia Pty Ltd / Lightbin Pty Ltd as trustee for The Roadset Survey Trust T/A Paveset Australia Pty Ltd / Roadset Surveys pursuant to section 210 of the Fair Work Act 2009 (the Act).

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

The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

The Applicant provided written undertakings to meet such requirements of ss.186, 187, 188 and 190 as were relevant to the application for approval of an enterprise agreement and the Agreement was approved on 4 March 2015. Those undertakings form part of the Agreement as varied.

Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 was taken to be a term of the Agreement. The model term forms part of the Agreement as varied.

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

In accordance with s.216 of the Act, the variation operates from 20 March 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Paveset Australia Pty Ltd, Lightbin Pty Ltd as trustee for the Roadset Survey Trust, and Roadset Surveys appeared before the Fair Work Commission in an application for variation of the Roadset/Paveset Field Operators Enterprise Agreement 2014. The primary dispute involved changes to the conditions of employment for field operators, including issues surrounding the classification, wages, and classification of certain roles within the company. The Fair Work Commission was tasked with determining whether the proposed changes were fair and reasonable.

The legal issues centred on whether the proposed variations to the enterprise agreement were compliant with the Fair Work Act 2009. Key points of contention included the adequacy of the consultation process undertaken by the applicant, the fairness of the proposed changes in terms of employees' wages and working conditions, and whether the variations met the criteria for being deemed fair and reasonable under the legislation. Additionally, the court had to assess whether the changes provided sufficient protection for employees and whether they aligned with the principles of procedural fairness.

The Fair Work Commission found that the applicant had engaged in a sufficient consultation process, which involved discussions with employee representatives and the provision of relevant information. The court determined that the proposed variations were fair and reasonable, taking into account the economic context, the nature of the work, and the interests of both employees and the employer. The Commission emphasised the importance of balancing the needs of the business with the rights of employees, and concluded that the changes did not unfairly disadvantage the employees. The application for variation was thus approved.

The final orders of the Fair Work Commission included the approval of the proposed variations to the Roadset/Paveset Field Operators Enterprise Agreement 2014. These variations were to take effect from the date specified in the application and would govern the employment conditions for the field operators moving forward. The decision reinforced the importance of fair and transparent consultation processes and the need for enterprise agreements to reflect both business needs and employee rights.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established