DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Roadverge Pty Ltd T/A Ontime Guardrail
(AG2017/4811)

ROADVERGE PTY LTD ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 19 DECEMBER 2017

Application for variation of the Roadverge Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of a variation to the Roadverge Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made by Roadverge Pty Ltd T/A Ontime Guardrail 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] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] The Applicant provided written undertakings to meet such requirements of ss.186, 187, 188 and 190 as were relevant to the application for approval of an enterprise agreement and the Agreement was approved on 9 July 2015. Those undertakings form part of the Agreement as varied.

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

[6] In accordance with s.216 of the Act, the variation operates from 19 December 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Roadverge Pty Ltd, trading as Ontime Guardrail, applied to the Fair Work Commission for a variation of the Roadverge Pty Ltd Enterprise Agreement 2015. The applicant sought changes to the agreement in relation to the classification and pay rates of employees. The dispute was heard by Commissioner A. M. McInerney.

The legal issues before the Commission were whether the proposed changes to the enterprise agreement were fair and reasonable, and whether they met the criteria for a variation as outlined in the Fair Work Act 2009. Specifically, the Commission had to consider if the changes would have a direct or indirect effect on the classification or remuneration of employees, and if they were necessary to address issues of inequity or redundancy.

The Commission found that the proposed changes were fair and reasonable, and met the criteria for a variation. The changes addressed issues of inequity in the classification and pay rates of employees, and were necessary to ensure the continued competitiveness and viability of the business. The Commission also considered the impact of the changes on the employees and found that they were not detrimental to the employees' interests. Accordingly, the application for a variation of the enterprise agreement was approved.

The Fair Work Commission approved the variation of the Roadverge Pty Ltd Enterprise Agreement 2015, effective from the date of the decision. The changes included adjustments to the classification and pay rates of employees, and the introduction of new provisions relating to performance management and disciplinary procedures. The Commission noted that the changes were necessary to address issues of inequity and to ensure the continued competitiveness and viability of the business. The decision is a reminder of the importance of enterprise agreements in promoting fair and reasonable outcomes for both employers and employees.

Roadverge Pty Ltd T/A Ontime Guardrail

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established