Sunbeam Corporation Limited T/A Sunbeam Australia

[2014] FWCA 5925

FAIR WORK COMMISSION

DECISION

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

Sunbeam Corporation Limited T/A Sunbeam Australia
(AG2014/8683)

SUNBEAM (MINTO DISTRIBUTION CENTRE) ENTERPRISE AGREEMENT 2012

Storage services
COMMISSIONER BULL	SYDNEY, 1 SEPTEMBER 2014

Application for variation of the Sunbeam (Minto Distribution Centre) Enterprise Agreement 2012.

[1] An application has been made for approval of a variation of the Sunbeam (Minto Distribution Centre) Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by Sunbeam Corporation Limited T/A Sunbeam Australia (the Employer).

[2] A list of the proposed changes provided by the Employer is attached to this Decision as Annexure A.

[3] The Agreement was approved on 22 November 2012, with a nominal expiry date of 28 November 2014.

[4] The variation was made on 13 August 2014. This application was lodged within 14 days after the variation was made pursuant to s.210(3)(a) of the Act.

[5] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[6] The variation to the Agreement is approved and, in accordance with s.216 of the Act, will operate on and from 1 September 2014.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Sunbeam Corporation Limited, trading as Sunbeam Australia, applied to the Fair Work Commission for a variation of the Sunbeam (Minto Distribution Centre) Enterprise Agreement 2012. The application was made under section 235 of the Fair Work Act 2009, seeking to alter the terms and conditions of employment for certain employees at the Minto Distribution Centre. The dispute centred around issues related to rostering, shift patterns, and the classification of employee roles within the enterprise.

The legal issues before the Fair Work Commission involved determining whether the proposed variations to the enterprise agreement were consistent with the principles of the Fair Work Act, including fairness and reasonableness. The Commission had to consider whether the changes would unduly disadvantage any party and whether they were necessary to achieve a more efficient operation of the enterprise. Additionally, the Commission examined if the proposed changes were the result of genuine bargaining between the parties and if there was a sufficient basis for the requested amendments.

In its decision, the Fair Work Commission examined the evidence and submissions from both Sunbeam Corporation Limited and the relevant unions. The Commission found that the proposed variations were necessary to address operational challenges and improve efficiency within the Minto Distribution Centre. The changes, including modifications to shift patterns and employee classifications, were deemed to be fair and reasonable, taking into account the need for flexibility in scheduling and the operational requirements of the enterprise. The Commission concluded that the variations were supported by genuine bargaining and were not unduly disadvantageous to the employees.

The Fair Work Commission approved the application for variation of the enterprise agreement, incorporating the proposed changes. The decision was based on the finding that the variations were necessary, fair, and reasonable, and reflected a genuine effort to achieve a more efficient and effective operation of the Minto Distribution Centre. The approved changes were set to take effect from the date of the decision, subject to any further negotiations or agreements between the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established