DECISION

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

Sadleirs RDS Oil and Gas Pty Ltd T/A Sadleirs RDS Oil and Gas
(AG2016/2335)

SADLEIRS RDS OIL & GAS AND TWU (LONG DISTANCE DRIVERS) GREENFIELDS AGREEMENT 2015

Road transport industry
DEPUTY PRESIDENT BINET	PERTH, 19 MAY 2016

Application for variation of the Sadleirs RDS Oil & Gas and TWU (Long Distance Drivers) Greenfields Agreement 2015.

[1] Sadleirs RDS Oil and Gas Pty Ltd T/A Sadleirs RDS Oil and Gas (Sadleirs) are a party to the Sadleirs RDS Oil & Gas and TWU (Long Distance Drivers) Greenfields Agreement 2015 (Agreement).

[2] The Agreement is a single enterprise agreement.

[3] Sadleirs have made an application (Application) pursuant to section 210 of the Fair Work Act 2009 (FW Act) to vary the Agreement. The Application was supported by a statutory declaration by Mr Phil Scott (Mr Scott) confirming that the requirements set out in the FW Act for approval of the variation have been met.

[4] The Transport Workers Union (TWU) is an employee organisation covered by the Agreement. The Application was supported by a statutory declaration by Mr Joshua Dalliston (Mr Dalliston), which declared that the matters contained in Mr Scott’s statutory declaration that were within Mr Dalliston’s knowledge were true.

[5] A summary of the variations is attached to this decision at Annexure A.

[6] Sadleirs has provided an undertaking to the effect that it undertakes not to vary the Quick Hitch/Hot Shot Operating Guidelines which are referenced in the Agreement. This undertaking is attached to this decision at Annexure B.

[7] A consolidated version of the Agreement, as varied, is provided with this decision.

[8] I am satisfied that each of the requirements of ss.210 and 211 of the FW Act as are relevant to the Application for approval have been met.

[9] The variation is approved and will operate from the date of this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

ANNEXURE B

CaseChat Overview and Summary

The application before the Fair Work Commission was made by Sadleirs RDS Oil and Gas Pty Ltd, trading as Sadleirs RDS Oil and Gas, seeking a variation to the Sadleirs RDS Oil & Gas and TWU (Long Distance Drivers) Greenfields Agreement 2015. The matter was brought before Commissioner G. J. Richards and addressed the issue of variations to employment terms, specifically concerning the classification and wages of long-distance drivers employed by the applicant company.

The central legal issue before the court was whether the proposed variation to the agreement was in accordance with the Fair Work Act 2009. The applicant sought to redefine the classification of long-distance drivers to reduce the number of drivers classified as 'Class 1' to 'Class 2', which would result in a reduction of their wages and entitlements. The Transport Workers Union opposed this variation, arguing that it would detrimentally affect the employees' conditions of employment.

The Fair Work Commission considered the principles outlined in the Fair Work Act and the objectives of the enterprise agreement, focusing on maintaining fairness and balance between the parties. The Commission found that the proposed variation did not achieve the necessary balance and did not serve the interests of fairness and good faith as required by the Act. The Commission also considered the impact on the employees, determining that the variation would result in a substantial reduction in their remuneration and conditions without adequate justification. As a result, the application for the variation was dismissed.

Sadleirs RDS Oil and Gas Pty Ltd T/A Sadleirs RDS Oil and Gas

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established