DECISION

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

Sean Enterprises (WA) Pty Ltd T/A Goldstar Transport
(AG2014/9365)

GOLDSTAR TRANSPORT ENTERPRISE AGREEMENT 2012

Road transport industry
COMMISSIONER CARGILL	SYDNEY, 16 JANUARY 2015

Application for variation of the Goldstar Transport Enterprise Agreement 2012.

[1] An application has been made for approval of a variation to an agreement known as the Goldstar Transport Enterprise Agreement 2012 (the Agreement). The application was made pursuant to section 210 of the Fair Work Act 2009 (the Act)and was made by the employer party to the agreement (the Company).

[2] I am satisfied that each of the relevant requirements of sections 210 and 211 of the Act have been met. I approve the variation which is as follows:

By deleting clause 10(j) and inserting the following:

“(j) In addition to the 3.5% increase upon commencement of this Agreement, the wage rates and allowance in this clause 10 will be increased by:

1. 3% on the anniversary of the date of lodgement of this Agreement (or CPI, whichever is greater); and

2. 3% on 6 July 2015 (or CPI, whichever is greater).

For the purposes of this clause 10, CPI means “All groups for Western Australia” YTD current at the date of the increase.”

[3] In accordance with section 216 of the Act the variation operates on and from 16 January 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Sean Enterprises (WA) Pty Ltd, trading as Goldstar Transport, applied to the Fair Work Commission for a variation of the Goldstar Transport Enterprise Agreement 2012. The application was brought by the company, the employer, to modify the agreement in relation to the employment of drivers. The dispute primarily concerned the introduction of new rostering arrangements and the potential impact on the drivers' working conditions and entitlements.

The legal issues before the Commission involved the interpretation of the existing enterprise agreement and whether the proposed changes were within the scope of permissible variations under the Fair Work Act 2009. Specifically, the Commission had to determine if the variations were reasonable and necessary to achieve a fair and efficient workplace. The drivers, represented by a union, argued that the proposed changes would lead to an increase in work hours and a reduction in rest periods, contrary to the agreement's terms.

The Fair Work Commission considered the evidence presented by both parties and assessed the necessity and reasonableness of the proposed rostering changes. It found that the changes were necessary to accommodate the operational requirements of the company, including increased demand and efficiency in transport services. The Commission concluded that the proposed variations were reasonable and did not adversely affect the drivers' entitlements, as the new rostering system still complied with the relevant industrial provisions. Consequently, the application for variation was approved, allowing the implementation of the new rostering arrangements. The decision was made in favour of the employer, enabling the company to proceed with the changes as proposed.

Sean Enterprises (WA) Pty Ltd T/A Goldstar Transport

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established