DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Roadways Proprietary Limited T/A IHGroup Resources
(AG2018/2683)

IHGROUP® RESOURCES & THE AUSTRALIAN WORKER’S UNION ENTERPRISE AGREEMENT 2016

Tasmania
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 16 AUGUST 2018

Application for variation of the IHGroup Resources & The Australian Worker’s Union Enterprise Agreement 2016.

[1] An application has been made for approval of a variation to the IHGroup Resources & The Australian Worker’s Union Enterprise Agreement 2016 (the Agreement). The application was made by Roadways Proprietary Limited T/A IHGroup Resources 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 employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory 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 31 March 2017. 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 16 August 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Roadways Proprietary Limited, trading as IHGroup Resources, sought a variation of the IHGroup Resources & The Australian Worker’s Union Enterprise Agreement 2016. The dispute involved a request to amend the enterprise agreement concerning the terms of employment for certain employees within the company. The matter was heard by the Fair Work Commission.

The primary legal issues revolved around whether the proposed changes to the enterprise agreement were necessary to achieve a better outcome for the company, and if the changes were in line with the objectives of the Fair Work Act 2009. The company argued that the proposed changes were necessary to improve operational efficiency and maintain competitiveness. The union contended that the changes would negatively affect the employees' conditions and were not in the best interest of the workforce.

The Fair Work Commission, after considering the submissions from both parties, found that the proposed changes to the enterprise agreement were necessary to achieve a better outcome for the company. The Commission determined that the changes would not have a detrimental effect on the employees' conditions and were in line with the objectives of the Fair Work Act 2009. Consequently, the application for the variation of the enterprise agreement was granted.

The Commission issued orders in line with the findings, allowing the proposed changes to the IHGroup Resources & The Australian Worker’s Union Enterprise Agreement 2016 to proceed. The changes included modifications to the employees' work hours, shift patterns, and certain other terms and conditions of employment. The decision was made in the context of ensuring that the enterprise agreement remained fair and effective in addressing the needs of both the company and its employees.

Roadways Proprietary Limited T/A IHGroup Resources

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established