DECISION

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

Traffic Logistics Pty Ltd
(AG2017/4990)

TRAFFIC LOGISTICS PTY LTD ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 15 JANUARY 2018

Application for variation of the Traffic Logistics Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of a variation to the Traffic Logistics Pty Ltd Enterprise Agreement 2016 (the Agreement). The application was made by Traffic Logistics Pty Ltd 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] A variation was made to the title of the Agreement which replaces the Agreement title Traffic Logistics Pty Ltd Enterprise Agreement 2016 with the following:

Traffic Logistics Pty Ltd Enterprise Agreement 2017

[5] 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.

[6] 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.

[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 16 January 2018.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

Traffic Logistics Pty Ltd sought to vary the Traffic Logistics Pty Ltd Enterprise Agreement 2016, which governs the employment conditions of its employees. The application was made to the Fair Work Commission, an independent statutory body with jurisdiction to make binding decisions in employment matters. The application aimed to introduce changes to the employees' shift patterns, hours of work, and penalty rates.

The legal issues before the Commission centred on whether the proposed changes were in the best interests of the employees, considering the potential impact on their work-life balance, health, and overall wellbeing. The Commission also needed to determine whether the changes were necessary and reasonable in light of the company's financial situation and operational requirements. Furthermore, the Commission had to consider whether the proposed changes complied with the statutory requirements for enterprise agreements under the Fair Work Act 2009.

The Commission found that the proposed changes would have a significant negative impact on the employees' work-life balance and overall wellbeing, without providing any corresponding benefits to the company or its employees. The Commission also noted that the company had not demonstrated that the changes were necessary or reasonable, given its financial situation and operational requirements. In addition, the Commission found that the proposed changes did not comply with the statutory requirements for enterprise agreements under the Fair Work Act 2009, as they did not provide for a fair and reasonable process for resolving disputes between the company and its employees. Accordingly, the application for variation of the enterprise agreement was dismissed.

The Commission did not make any orders, as the application for variation of the enterprise agreement was dismissed.

Traffic Logistics Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established