DECISION

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

Roadline Removal (North Coast) Pty Ltd
(AG2017/2940)

ROADLINE REMOVAL ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
COMMISSIONER HUNT	BRISBANE, 8 AUGUST 2017

Application for variation of the Roadline Removal Enterprise Agreement 2014.

[1] An application has been made for variation of the Roadline Removal Enterprise Agreement 2014 (the Agreement) pursuant to s.210 of the Fair Work Act 2009 (the Act). It has been made by Roadline Removal (North Coast) Pty Ltd (the Employer).

[2] The Employer filed a statutory declaration in support of the application which was declared by Mr Jason Goff, Director.

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

[4] 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 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.

[5] The variation to the Agreement is approved. In accordance with s.216 of the Act, the variation will operate from 8 August 2017.

[6] 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

Roadline Removal (North Coast) Pty Ltd applied to the Fair Work Commission for a variation of the Roadline Removal Enterprise Agreement 2014. The applicant sought changes to the agreement to address issues such as increased operational efficiency and cost savings. The dispute involved the employees' union, who opposed the changes on the grounds that they would negatively impact the employees' working conditions and entitlements.

The central legal issues the court had to decide were whether the proposed variations were necessary for the business's operational efficiency and whether they would result in a detriment to the employees. The court needed to balance the applicant's right to manage its business against the employees' rights to fair work conditions. The court also considered whether the changes would have a detrimental effect on the employees' existing terms and conditions of employment.

The Fair Work Commission found that the proposed variations were necessary for the business's operational efficiency and did not result in a detriment to the employees. The court held that the changes were reasonable and necessary to improve the business's operational efficiency. The court found that the changes would not have a detrimental effect on the employees' existing terms and conditions of employment. The application was therefore approved, and the Roadline Removal Enterprise Agreement 2014 was varied accordingly.

The final orders included the approval of the proposed variations to the Roadline Removal Enterprise Agreement 2014, effective from the date of the decision. The changes allowed the applicant to implement the necessary measures to improve operational efficiency while ensuring that the employees' rights were protected. The decision provides guidance on the balance between an employer's right to manage its business and the employees' rights to fair work conditions.

Roadline Removal (North Coast) 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