Tasmanian Dairy Products Co Ltd Summary

[2013] FWCA 2431

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Tasmanian Dairy Products Co Ltd
(AG2013/919)

TASMANIAN DAIRY PRODUCTS CO LTD AND AWU GREENFIELDS AGREEMENT 2012

Food, beverages and tobacco manufacturing industry
COMMISSIONER GREGORY	MELBOURNE, 24 APRIL 2013

Application for variation of the Tasmanian Dairy Products Co Ltd and AWU Greenfields Agreement 2012.

[1] An application has been made for approval of a variation of the Tasmanian Dairy Products Co Ltd and AWU Greenfields Agreement 2012 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by the employer party to the Agreement.

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

1. Delete the provisions of clause 15.4.1 and insert in lieu thereof the following;

“15.4.1 For afternoon and night shifts, employees shall receive an allowance of 15% additional to the wage prescribed in clause 13.1 for their particular classification.”

2. Insert at the end of clause 22.3 the following;

“The extra rate is in substitution for and not cumulative upon the shift work allowances prescribed by clause 15.”

3. Insert a new sub clause 32.9 which reads as follows;

“When any public holiday, as described in clause 32.1, occurs on a shift worker’s rostered day off, he/she shall be given, within four weeks following the date on which such holidays occurred, one of the following:

(a) one extra days payment; or

(b) equal time off in lieu hereof; or

[3] The consolidated version of the Agreement, as varied, is attached to this decision. In accordance with s.216 of the Act, the variation operates on and from the date of this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Tasmanian Dairy Products Co Ltd applied to the Fair Work Commission to vary the Tasmanian Dairy Products Co Ltd and AWU Greenfields Agreement 2012. The Australian Workers' Union was opposed to the application. The dispute involved changes to shift patterns and rostering processes, including the introduction of a new rostering system and changes to shift length and frequency. The application was heard by the Fair Work Commission.

The primary legal issue before the Commission was whether the proposed changes to the Agreement were fair and reasonable. The Commission needed to consider the impact of the changes on the employees, the employer's business needs, and the overall fairness of the changes. The Commission also needed to consider whether the changes were in line with the objectives of the Fair Work Act.

The Fair Work Commission found that the proposed changes to the Agreement were fair and reasonable. The Commission found that the changes were necessary to meet the employer's business needs and that the employer had demonstrated a genuine effort to consult with the employees and the union. The Commission also found that the changes would not have a significant negative impact on the employees and that the new rostering system would provide greater flexibility and efficiency. The Commission ultimately determined that the changes were in line with the objectives of the Fair Work Act and granted the application for variation of the Agreement.

The Fair Work Commission ordered that the Tasmanian Dairy Products Co Ltd and AWU Greenfields Agreement 2012 be varied as per the application. The variation included changes to shift patterns and rostering processes, including the introduction of a new rostering system and changes to shift length and frequency. The new Agreement came into effect on the date of the Commission's decision.

Tasmanian Dairy Products Co Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established