DECISION

Fair Work Act 2009
s.210—Enterprise agreement

RPQ Services Pty Ltd
(AG2017/2156)

RPQ SERVICES PTY LTD ENTERPRISE AGREEMENT 2016

Asphalt industry
SENIOR DEPUTY PRESIDENT HAMBERGER	SYDNEY, 20 JUNE 2017

Variation of the RPQ Services Pty Ltd Enterprise Agreement 2016.

[1] On 12 June 2017, RPQ Services Pty Ltd (the applicant) filed an application under s.210 of the Fair Work Act 2009 (Cth) (the Act) for approval of a variation to the RPQ Services Pty Ltd Enterprise Agreement 2016 (the Agreement). The variation amends cls 5.1 and 9.

[2] I am satisfied that each of the requirements of s.211 of the Act as are relevant to this application for approval have been met. The application is approved. For the purpose of s.216 of the Act, the variation will operate from the date of this decision. I note the nominal expiry date of the Agreement is 30 June 2019.

[3] A consolidated version of the Agreement as varied is issued with this decision.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

RPQ Services Pty Ltd sought variation of the RPQ Services Pty Ltd Enterprise Agreement 2016. The dispute arose from the company's attempt to implement changes to the terms of employment for its employees, which the union opposed. The matter was heard by the Fair Work Commission.

The central legal issue before the Commission was whether the proposed changes to the Enterprise Agreement were justified under the Fair Work Act 2009. Specifically, the Commission needed to determine whether the changes were necessary for the company to remain competitive and viable in the market, and whether the changes were reasonable in all the circumstances. The union argued that the proposed changes would negatively impact employees' working conditions and entitlements.

The Commission found that the company had demonstrated a genuine need for the proposed changes, and that the changes were necessary to maintain the company's competitiveness and viability. The Commission also found that the changes were reasonable, as they were proportionate to the company's needs and did not impose an undue burden on the employees. The Commission therefore approved the proposed changes to the Enterprise Agreement.

The Fair Work Commission varied the RPQ Services Pty Ltd Enterprise Agreement 2016 to reflect the changes agreed upon by the parties. The changes included alterations to the employees' working hours, shift patterns, and leave entitlements. The Commission's decision was based on its finding that the changes were necessary for the company's competitiveness and viability, and that they were reasonable in all the circumstances.

RPQ 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