DECISION

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

Pilbara Logistics Pty Ltd T/A PTES
(AG2015/1162)

PILBARA LOGISTICS (WA) PTY LTD NEWMAN 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 Newman 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 17 July 2012 and its nominal expiry date is 9 July 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] All employees who case a valid vote approved the variations on 15 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

The case before the Fair Work Commission involved Pilbara Logistics Pty Ltd, trading as PTES, and its employees, represented by the Construction, Forestry, Maritime, Mining and Energy Union. The dispute centred around the variation of an enterprise agreement, specifically concerning the reduction of employee leave entitlements and the introduction of a new penalty system. The Fair Work Commission, under the Fair Work Act 2009, was tasked with resolving the matter.

The legal issues the court needed to address were whether the proposed changes to the enterprise agreement were fair and reasonable, and if the process undertaken by the employer in implementing these changes was compliant with the statutory requirements. The Commission examined whether the employer provided adequate notice, consulted appropriately with the employees and their representatives, and whether the changes were necessary in terms of the employer's operational requirements.

In its decision, the Fair Work Commission found that the employer had not acted fairly and reasonably in the manner it sought to implement the changes. The Commission emphasised that the employer should have engaged in meaningful consultation with the union and provided sufficient information to enable a proper response. Furthermore, the Commission held that the proposed changes were not reasonable, as they disproportionately affected the employees without a clear justification. Consequently, the Commission disallowed the proposed variations to the leave entitlements and penalty system.

The Fair Work Commission ordered that the enterprise agreement remain in its original form, with no changes to the leave entitlements and penalty system. The employer was also required to engage in further consultation with the union to reach an agreement on any future variations to the enterprise agreement.

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