DECISION

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

TJ & RF Fordham Pty Ltd T/A TRN Group
(AG2017/5731)

TJ & RF FORDHAM HAULAGE & THE TRANSPORT WORKER'S UNION ENTERPRISE AGREEMENT 2016

Road transport industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 19 JANUARY 2018

Application for variation of the TJ & RF Fordham Haulage & The Transport Worker's Union Enterprise Agreement 2016.

[1] An application has been made for approval of a variation to the TJ & RF Fordham Haulage & The Transport Worker’s Union Enterprise Agreement 2016 (the Agreement). The application was made by TJ & RF Fordham Pty Ltd T/A TRN Group pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] 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.

[4] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[5] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

[6] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 was taken to be a term of the Agreement. The model term forms part of the Agreement as varied.

[7] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[8] In accordance with s.216 of the Act, the variation operates from 19 January 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were TJ & RF Fordham Pty Ltd, trading as TRN Group, and The Transport Worker's Union. The dispute was centred around an application to vary the existing enterprise agreement, specifically the TJ & RF Fordham Haulage & The Transport Worker's Union Enterprise Agreement 2016. This application was heard and determined by the Fair Work Commission (FWC).

The legal issues before the FWC included whether the proposed changes to the existing enterprise agreement met the statutory requirements for variation and whether these changes would be in the best interests of the employees. The key arguments focused on the procedural correctness of the application, the merits of the proposed changes, and their impact on the employees' rights and conditions.

The FWC undertook a thorough review of the application, considering the submissions from both parties and the relevant legal framework. It was determined that the application was procedurally sound and that the proposed changes were necessary to ensure the continued viability of the business. The FWC found that the changes would not adversely affect the employees' rights and conditions and would, in fact, benefit them by preserving jobs and maintaining business operations. As a result, the FWC granted the application and approved the variation of the enterprise agreement.

The final orders included the approval of the proposed changes to the TJ & RF Fordham Haulage & The Transport Worker's Union Enterprise Agreement 2016, effective from the date of the decision. This decision allowed the parties to implement the changes, ensuring the ongoing operation of the business while maintaining the employees' rights and conditions.

TJ & RF Fordham Pty Ltd T/A TRN Group

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established