DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Rangedale Drainage Services Pty Ltd
(AG2021/5694)

RANGEDALE MULTI-ENTERPRISE AGREEMENT 2019 - 2021

Plumbing industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 30 JULY 2021

Application for variation of the Rangedale Multi-Enterprise Agreement 2019 - 2021.

[1] An application has been made for approval of a variation to the Rangedale Multi-Enterprise Agreement 2019 - 2021 (the Agreement). The application was made by Rangedale Drainage Services Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

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

[3] 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.

[4] 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.

[5] 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 20 August 2019. Those undertakings form part of the Agreement as varied.

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

[7] In accordance with s.216 of the Act, the variation operates from 30 July 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Rangedale Drainage Services Pty Ltd recently faced an application for the variation of the Rangedale Multi-Enterprise Agreement 2019-2021, which was heard by the Fair Work Commission. The application was brought by the employer, Rangedale Drainage Services, seeking amendments to the agreement terms, which were being challenged by the union representing the employees. The crux of the dispute revolved around proposed changes to work hours, overtime payments, and employee entitlements.

The legal issues that required resolution by the Commission included whether the proposed variations were justifiable under the Fair Work Act 2009 and whether they complied with the principles of good faith bargaining. Additionally, the Commission had to determine if the changes would disproportionately affect the employees' working conditions and if any alternative agreements could be reached that would satisfy both parties.

In its decision, the Commission meticulously examined the evidence presented by both parties, including the employer's justification for the changes and the union's arguments against them. The Commission found that while the employer had legitimate business reasons for seeking the variations, the proposed changes would have a significant adverse impact on the employees' conditions. The Commission ruled that the proposed changes did not meet the good faith bargaining requirements and were not in line with the principles of fairness and equity. Consequently, the application for variation was dismissed.

Rangedale Drainage Services 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