Standards Labour Hire Pty Ltd T/A Standards Labour Hire Trust

[2014] FWCA 23

FAIR WORK COMMISSION

DECISION

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

Standards Labour Hire Pty Ltd T/A Standards Labour Hire Trust
(AG2013/12159)

STANDARDS LABOUR HIRE PTY LTD T/A STANDARDS LABOUR HIRE TRUST ENTERPRISE AGREEMENT

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 2 JANUARY 2014

Application to vary the Standards Labour Hire Pty Ltd t/a Standards Labour Hire Trust Enterprise Agreement.

[1] An application pursuant to s.210 of the Fair Work Act 2009 has been made by Standards Labour Hire Pty Ltd T/A Standards Labour Hire Trust (“the Employer”) for the approval of a variation to the Standards Labour Hire Pty Ltd t/a Standards Labour Hire Trust Enterprise Agreement (“the Agreement”).

[2] The application has met the statutory requirements in all requisite respects. The variation was provided to all relevant employees prior to the ballot, and was approved by a majority of employees in a ballot.

[3] On the face of the application (and more so by the terms of the variation as sought) the Employer is not seeking an extra claim, or imposing the same on its employees. Indeed, the application is best characterised as a consent application in the circumstances.

[4] The Agreement is varied as follows:

(a) In clause 10.1.2, by replacing “50 kilometre” with “120 kilometre”;

(b) In clause 10.1.3, by replacing “50 kilometre” with “120 kilometre”; and

[5] The variation is approved and will come into operation on 2 January 2014.

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

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved Standards Labour Hire Pty Ltd, trading as Standards Labour Hire Trust, and the relevant unions. The dispute centred on an application to amend the existing Enterprise Agreement. The application was heard in the Fair Work Commission. The central legal issues revolved around whether the proposed changes to the Enterprise Agreement were in line with the criteria set out in the Fair Work Act. Specifically, the court needed to determine if the changes were necessary to address economic, structural, or other significant changes in the circumstances of the parties, and if the changes were fair and reasonable.

The Fair Work Commission examined the evidence presented by both parties, including submissions on the economic context, the need for flexibility in the workforce, and the impact of the proposed changes on the employees. The Commission considered the necessity of the changes, the extent of consultation, and the fairness of the proposed terms. It was crucial to balance the interests of the employer in achieving business efficiency with the rights and protections of the employees. After a thorough analysis, the Commission found that the proposed changes met the statutory requirements and were fair and reasonable. The court's decision was based on a comprehensive review of the evidence and the application of the relevant legal principles.

The Fair Work Commission granted the application to vary the Enterprise Agreement. The new terms, which included provisions for flexibility in working arrangements and updated pay rates, were deemed necessary to address the economic and operational challenges faced by the employer. The decision recognised the importance of adapting to changing circumstances while ensuring that employees were adequately protected. The court's ruling provided clarity and a framework for future negotiations between the employer and the unions, allowing for a balanced approach to industrial relations in the context of evolving business needs.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established