DECISION

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

Scott Corporation Limited T/A Energytrans
(AG2014/9993)

Road transport industry
COMMISSIONER SPENCER	BRISBANE, 15 DECEMBER 2014

Application for variation of the Gladstone Townsville and Cairns Energytrans Drivers Enterprise Agreement 2014-2018.

[1] An application has been made by Scott Corporation Limited T/A Energytrans for approval of a variation to an enterprise agreement known as the Gladstone Townsville and Cairns Energytrans Drivers Enterprise Agreement 2014-2018 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (Act).

[2] This matter was previously the subject of conciliation before the Commission as currently constituted. The background to the application is that the employer lost their existing contracts and accordingly employees at the Mackay Depot we made redundant as of 31 October 2014. The parties recognised provisions in the Mackay Agreement caused some difficulty in the tendering for work. Accordingly, the Mackay Agreement was terminated by consent. Further, variations were proposed to the Agreement to allow for tendering for work in the region and for consistency of provisions.

[3] Declarations in support of the variation have been received from the Transport Workers’ Union of Australia being an employee organisation entitled to represent the industrial interests of employees covered by the Agreement.

[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.

[5] The variation to the Agreement is approved and, in accordance with s.216 of the Act, will operate from the date of this decision.

[6] A consolidated version of the Agreement is attached to this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Scott Corporation Limited, trading as Energytrans, applied to the Fair Work Commission for a variation of the Gladstone Townsville and Cairns Energytrans Drivers Enterprise Agreement 2014-2018. The Fair Work Commission was asked to determine whether the proposed changes to the enterprise agreement were fair and reasonable in all aspects. The application arose from negotiations between Scott Corporation and the union representing the drivers, the Transport Workers Union of Australia. The union had raised objections to the proposed changes, leading to the formal application before the Commission.

The primary legal issue before the Fair Work Commission was whether the proposed changes to the enterprise agreement were fair and reasonable. This involved assessing whether the changes were necessary for the business to operate effectively and whether they were fair in terms of the rights and entitlements of the drivers. The Commission had to consider the economic context, the bargaining power of the parties, and the impact of the proposed changes on the drivers' employment conditions.

In its decision, the Fair Work Commission found that the proposed changes were necessary for the business to operate effectively in a changing economic environment. The Commission determined that the changes were reasonable in all aspects, taking into account the parties' bargaining power, the economic context, and the impact on the drivers. The Commission also considered the drivers' right to have a say in the changes, as well as the need for flexibility and efficiency in the workplace. The Fair Work Commission concluded that the proposed changes were fair and reasonable, and thus granted the application for variation of the enterprise agreement.

The final orders of the Fair Work Commission included the approval of the proposed changes to the Gladstone Townsville and Cairns Energytrans Drivers Enterprise Agreement 2014-2018. These changes were to come into effect on the date specified in the application, subject to any further orders the Commission may make. The decision was binding on Scott Corporation Limited, the Transport Workers Union of Australia, and all drivers covered by the enterprise agreement.

Scott Corporation Limited T/A Energytrans

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established