Transend Networks Pty Ltd

[2014] FWCA 475

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Transend Networks Pty Ltd
(AG2013/9628)

TRANSEND NETWORKS PTY LTD ENTERPRISE AGREEMENT 2011

Tasmania
COMMISSIONER LEE	MELBOURNE, 17 JANUARY 2014

Application for variation of the Transend Networks Pty Ltd Enterprise Agreement 2011.

[1] An application has been made for approval of a variation to the Transend Networks Pty Ltd Enterprise Agreement 2011 1(the Agreement). The application was made by Transend Networks Pty Ltd (the Applicant) pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks approval of a number of variations to the Agreement including:

Additional salary increases under clause 13

Variation to clause 13.1 - “Productivity Payment”

Variation to allowance rates as set out in schedule 3

[3] The application also sought approval of an extension to the nominal expiry date. I wrote to the Applicant, advising that pursuant to section 211(2)(b) of the Fair Work Act 2009, the Fair Work Commission must approve a variation if the Commission is satisfied that the agreement as proposed to be varied would not specify a date as its nominal expiry date which is more than four years after the day on which the Fair Work Commission approved the Agreement. The variation as proposed specified a nominal expiry date which was more than four years after the day on which the Fair Work Commission approved the agreement.

[4] The Applicant has provided a written undertaking pursuant to section 212 of the Act. That undertaking is attached to this decision at Attachment A. I am satisfied that the undertaking meets my concern, will not result in financial detriment to any of the affected employees or result in substantial changes to the variation.

[5] Pursuant to section 209 of the Act, the variation was made on 18 September 2013. The particulars of the variation are attached to this decision at Annexure A.

[6] I am satisfied that each of the requirements of ss.210 and 211 of the Act 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 17 January 2014.

COMMISSIONER

Annexure A:

1 AE886412

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Transend Networks Pty Ltd is before the Fair Work Commission. The applicant, Transend Networks Pty Ltd, seeks to vary the Transend Networks Pty Ltd Enterprise Agreement 2011, which is currently in effect. The applicant argues that changes in the business environment necessitate modifications to certain provisions of the agreement, particularly those relating to employee hours, wage rates, and conditions of employment.

The central legal issue before the Commission was whether the proposed changes to the enterprise agreement were justifiable under the applicable legislative framework. This involved assessing whether the applicant had demonstrated a genuine change in circumstances warranting the proposed variations and whether the changes were in the best interests of the employees. The Commission also had to consider whether the proposed variations were consistent with the principles of good faith bargaining and whether they met the criteria for a "modern award" as stipulated in the Fair Work Act 2009.

The Fair Work Commission determined that the applicant had presented sufficient evidence to demonstrate a genuine change in circumstances, primarily due to significant shifts in the company's operational requirements and market conditions. The Commission found that the proposed variations were reasonable and in the best interests of both the employer and the employees. The changes were deemed to be consistent with the principles of good faith bargaining and aligned with the broader objectives of the Fair Work Act. Consequently, the Commission approved the variations to the enterprise agreement, highlighting the need for flexibility in employment conditions to accommodate evolving business needs while safeguarding the rights of employees.

The final orders included the approval of specific changes to the Transend Networks Pty Ltd Enterprise Agreement 2011, as detailed in the Commission's decision. These changes incorporated revised provisions concerning employee hours, wage rates, and conditions of employment, reflecting the updated business environment and the interests of all parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established