| [2023] FWCA 1463 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.210—Enterprise agreement
Rae-Line Pty Ltd T/A Rae-Line
(AG2023/688)
RAE-LINE PTY LTD ENTERPRISE AGREEMENT 2016
| Manufacturing and associated industries | |
| COMMISSIONER LEE | MELBOURNE, 23 MAY 2023 |
Application for variation of the Rae-Line Pty Ltd Enterprise Agreement 2016
An application has been made for approval of a variation to the Rae-Line Pty Ltd Enterprise Agreement 2016 (the Agreement). The application was made by Rae-Line Pty Ltd T/A Rae-Line 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 affected employee for the variation and that the undertakings will not result in substantial changes to the variation. The undertakings are taken to be a term of the Agreement.
Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying 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 concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 27 September 2016. Those undertakings form 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 23 May 2023.
COMMISSIONER
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- AGLC
- Rae-Line Pty Ltd T/A Rae-Line [2023] FWCA 1463
- Case
- [2023] FWCA 1463
- Decision Date
CaseChat Overview and Summary
The legal issues before the commission were whether the proposed changes to the penalty rates and the removal of specific provisions regarding shift work and overtime constituted a genuine attempt to vary the enterprise agreement in accordance with the Fair Work Act 2009. The commission also needed to determine whether the changes would adversely affect the employees' conditions of employment, and if so, whether this adverse impact was justified under the Act.
In its decision, the commission found that the proposed changes to penalty rates were reasonable and in line with changes to industrial awards. The commission considered that the changes would not adversely affect the employees' conditions of employment, as the new rates still provided for adequate compensation for working on public holidays. Regarding the removal of provisions related to shift work and overtime, the commission determined that these changes were also reasonable and would not significantly impact the employees' conditions. The commission accepted that the changes reflected current practices and aimed to streamline the agreement.
The commission granted the application for variation of the enterprise agreement, allowing the proposed changes to penalty rates and the removal of certain provisions regarding shift work and overtime. The new agreement was set to take effect from the date of the decision, subject to any further appeals or objections within the specified timeframe.
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Background
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