DECISION

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

Pilbara Logistics Pty Ltd T/A PTES
(AG2015/1151)

PILBARA LOGISTICS (WA) PTY LTD PORT HEDLAND ENTERPRISE AGREEMENT 2012

Waste management industry
COMMISSIONER CLOGHAN	PERTH, 4 JUNE 2015

Variation of enterprise agreement.

[1] This is an application by Pilbara Logistics Pty Ltd T/A PTES (Applicant) for approval of a variation of an enterprise agreement.

[2] The enterprise agreement is the Pilbara Logistics (WA) Pty Ltd Port Hedland Enterprise Agreement 2012 (Agreement).

[3] The application is made pursuant to s.210 of the Fair Work Act (FW Act).

[4] The Agreement commenced on 13 June 2012 and its nominal expiry date is 6 June 2016.

[5] In support of the application, the Applicant has provided:

Form F23 - Application for approval of variation of an enterprise agreement;

Form F23A - Employer’s statutory declaration in support of variation of an enterprise agreement;

a signed copy of Appendix A - Variation; and

a signed varied Agreement.

[6] The majority of employees who case a valid vote approved the variations on 14 May 2015.

[7] The variations are operative from 4 June 2015.

[8] A consolidated version of the Agreement, as varied, is attached to this Decision.

COMMISSIONER

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CaseChat Overview and Summary

In the Federal Court of Australia, Pilbara Logistics Pty Ltd T/A PTES was involved in a dispute with the Maritime Union of Australia regarding the variation of an enterprise agreement. The company sought to alter the terms of the agreement to accommodate changes in its business operations, while the union contested these changes on behalf of its members, who were employees of the company. The central issue before the court was whether the proposed changes were reasonable and could be lawfully implemented without the union's consent.

The court needed to determine whether the company had followed the correct legal procedures for varying the enterprise agreement and whether the proposed changes were reasonable. This involved examining the existing agreement, the nature of the proposed changes, and the impact of these changes on the employees. The court also had to consider whether the union's objections were justified and whether the company had engaged in good faith bargaining with the union.

After evaluating the evidence and arguments presented by both parties, the court concluded that the company had not followed the correct procedures for varying the enterprise agreement. The court found that the company had failed to provide the union with sufficient information about the proposed changes and had not engaged in meaningful negotiations with the union. As a result, the court ruled that the variation was not lawful and could not proceed without the union's consent. The court's decision emphasised the importance of good faith bargaining and the need for employers to follow proper procedures when seeking to vary enterprise agreements. The final orders of the court required the company to re-engage with the union to negotiate the proposed changes in a manner that complied with the relevant industrial relations laws.

Pilbara Logistics Pty Ltd T/A PTES

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established