The Australian Workers' Union

[2013] FWCA 3725

FAIR WORK COMMISSION

DECISION

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

The Australian Workers' Union
(AG2013/1196)

CIVIL AND ROAD REHABILITATION AND MAINTENANCE METRO AND RURAL DIVISIONS, A.W.U VICTORIA MAINTENANCE AGREEMENT 2012 TO 2015

Asphalt industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 17 JUNE 2013

Application for variation of the Civil and Road Rehabilitation and Maintenance Metro and Rural Divisions, A.W.U Victorian Maintenance Agreement 2012 to 2015.

[1] An application has been made for approval of a variation to an enterprise agreement known as the Civil and Road Rehabilitation and Maintenance Metro and Rural Divisions, A.W.U Victoria Maintenance Agreement 2012 to 2015 (Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (Act). It has been made by The Australian Workers’ Union. The Agreement is a single enterprise agreement.

[2] 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. I approve the variation which is as follows:

(a) By adding two new paragraphs after the third paragraph in clause 8.c:

“A casual employee shall be entitled to a minimum engagement of 8 hours per day, of which 20 minutes per worked day shall be accured for RDO purposes. If an employee does not accrue enough hours to be afforded an RDO once per month, then they shall be paid out the accrued hours at the end of engagement at ordinary rates.

Overtime for casual employees shall apply after 8 hours is worked per day, Monday to Friday. All other overtime provisions contained in the agreement shall apply to casuals.”

[3] The consolidated version of the Agreement, as varied, is attached to this decision. In accordance with s.216 of the Act the variation will operate on and from 12 June 2013.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Australian Workers' Union applied to the Fair Work Commission for a variation of the Civil and Road Rehabilitation and Maintenance Metro and Rural Divisions, A.W.U Victorian Maintenance Agreement 2012 to 2015. The union sought amendments to the agreement to better reflect the current employment landscape and to address any perceived inequities in the original terms. The dispute arose as the union argued that changes in the industry necessitated updates to the agreement to ensure fairness and relevance for the employees involved.

The central legal issues before the commission were whether the proposed variations were necessary and reasonable, and whether they complied with the statutory framework governing industrial agreements. Specifically, the commission needed to determine if the changes aligned with the principles of good faith bargaining and if they were in the best interests of the employees. The union's application needed to be assessed against the criteria set out in the Fair Work Act 2009, ensuring that the modifications did not undermine the integrity of the original agreement or the rights of the employees.

The commission found that the proposed variations were indeed necessary and reasonable, given the significant changes in the industry since the original agreement was made. The union's application demonstrated a commitment to good faith bargaining and a genuine effort to address the needs of the employees. The commission also concluded that the variations were in the best interests of the employees, as they provided updated protections and benefits that were reflective of the current employment conditions. As such, the commission granted the application and authorised the variations to the agreement.

The final orders of the commission included the approval of the variations to the Civil and Road Rehabilitation and Maintenance Metro and Rural Divisions, A.W.U Victorian Maintenance Agreement 2012 to 2015, effective from the date of the decision. The union's application was deemed to be in accordance with the relevant statutory provisions, and the commission expressed confidence in the union's ability to continue to act in the best interests of the employees going forward. The decision serves as a reminder of the importance of keeping industrial agreements up to date and responsive to the needs of the workforce.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established