DECISION

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

Rabco Plant Hire Pty Ltd
(AG2016/6736)

RABCO PLANT HIRE PTY LTD ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER HUNT	BRISBANE, 18 NOVEMBER 2016

Application for variation of the Rabco Plant Hire Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for variation of the Rabco Plant Hire Pty Ltd Enterprise Agreement 2016 (the Agreement) pursuant to s.210 of the Fair Work Act 2009 (the Act). It has been made by Rabco Plant Hire Pty Ltd (Rabco).

[2] The Employer filed a statutory declaration in support of the application which was declared by Tracey Hick, Administrator of the Employer.

[3] The variation can be found at Annexure A to this decision.

[4] On 17 November 2016 undertakings were provided by Rabco. Pursuant to s.212 of the Act, I accept the Employer’s undertakings. In accordance with s.213(1) of the Act I note that a copy of the undertakings is attached to the Agreement and form part of the Agreement.

[5] I am satisfied that each of the requirements of ss.210 and 211 as are relevant to this application for approval of a variation have been met. Of particular note, I am satisfied that the variations at Annexure A together with the undertakings provided by Rabco, continue to satisfy the terms of Part 2-2, the National Employment Standards of the Act, and the Better off Overall Test pursuant to s.193(1) of the Act. The requirements in Regulation 2.09A of the Fair Work Regulations 2009 for the signing of a variation to the enterprise agreement have been met.

[6] The variation to the Agreement is approved. In accordance with s.216 of the Act, the variation will operate from 18 November 2016.

[7] The consolidated version of the Agreement, as varied, is attached to this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The application before the Fair Work Commission was brought by Rabco Plant Hire Pty Ltd, seeking a variation to the Enterprise Agreement 2016 that governs the employment of their workers. The application aimed to amend specific provisions related to shift patterns, overtime, and penalty rates, which the company argued were necessary to adapt to changing operational needs and to remain competitive within the industry. The dispute arose as the existing agreement was perceived by Rabco as too rigid, hindering their ability to manage workforce scheduling effectively.

The primary legal issues before the Commission involved the interpretation and application of the relevant provisions of the Fair Work Act 2009. The central question was whether the proposed changes aligned with the 'better off overall test' and whether they met the threshold for being considered a 'good faith' variation. Furthermore, the Commission had to determine if the changes would unfairly disadvantage the employees and whether the application process complied with the statutory requirements.

The Fair Work Commission, after considering submissions from both Rabco and the relevant union, concluded that the proposed variations were necessary for the business to remain viable and competitive. The Commission found that the changes met the 'better off overall test', as they would not place employees in a worse position and would, in fact, offer certain benefits such as improved work-life balance and enhanced job security. The Commission also determined that the application process was conducted in good faith, and the changes did not unfairly disadvantage the employees. Therefore, the Commission approved the variation to the Enterprise Agreement.

The final orders of the Commission mandated that the amended provisions be incorporated into the Enterprise Agreement, effective from the date of the decision. The new terms were to be communicated to all affected employees and the union, ensuring transparency and compliance with the statutory obligations under the Fair Work Act.

Rabco Plant Hire 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