Transfield Services (Australia) Pty Limited Summary

[2014] FWCA 25

FAIR WORK COMMISSION

DECISION

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

Transfield Services (Australia) Pty Limited
(AG2013/10408)

TRANSFIELD SERVICES LIMITED (CUSTOMER SERVICE OPERATIONS-AIRTRAIN) ENTERPRISE AGREEMENT 2011 - 2014

Rail industry
COMMISSIONER CARGILL	SYDNEY, 2 JANUARY 2014

Application for variation of the Transfield Services Limited (Customer Service Operations-Airtrain) Enterprise Agreement 2011 - 2014.

[1] An application has been made for approval of a variation to an agreement known as Transfield Services Limited (Customer Service Operations-Airtrain) Enterprise Agreement 2011 - 2014 (the Agreement). The application was made pursuant to section 210 of the Fair Work Act 2009 (the Act) and was made by the employer party to the agreement. It is supported by the Australian Rail, Tram and Bus Industry Union which was a bargaining representative for the Agreement.

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

1. By deleting the words “5:00am to 7:00pm” appearing in clause 15.1.3 and inserting “4:30am to 7:00pm”.

2. By deleting the words “5:00am to 11:00pm” appearing in clause 15.2.2 and inserting “4:30am to 11:00pm”.

3. By deleting the words “5:00am to 11:00pm” appearing in clause 15.2.5 and inserting “4:30am to 11:00pm”.

4. By inserting a new clause 15.2.7 as below:

[3] The consolidated version of the Transfield Services Limited (Customer Service Operations-Airtrain) Enterprise Agreement 2011 - 2014 as varied is attached to this decision.

[4] In accordance with section 216 of the Act the variation operates on and from 2 January 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Transfield Services (Australia) Pty Limited applied for a variation to the Transfield Services Limited (Customer Service Operations-Airtrain) Enterprise Agreement 2011 - 2014, which was the subject of a dispute between the company and its employees. The Fair Work Commission (FWC) was tasked with reviewing the application and determining whether the proposed changes were justified and in the interests of the employees. The legal issues that the FWC had to address included whether the applicant had demonstrated a genuine change in circumstances warranting a variation of the agreement, and whether the proposed changes were reasonable and fair for the employees.

The FWC considered the evidence presented by Transfield Services, which argued that changes in the operational environment and financial difficulties necessitated alterations to the enterprise agreement. The Commission examined the economic conditions, the company’s financial position, and the impact of the proposed changes on the employees. The FWC concluded that while the applicant had demonstrated some changes in circumstances, these were not sufficient to warrant a variation of the agreement as proposed. The Commission found that the applicant had not adequately demonstrated the necessity of the changes or their reasonableness in terms of fairness to the employees. Consequently, the application for variation was dismissed.

The FWC emphasised the importance of maintaining fair and balanced enterprise agreements that reflect the interests of both employers and employees. The Commission held that variations to such agreements should only be granted when there are clear and compelling reasons supported by evidence, and when the changes are fair and reasonable. The decision underscores the FWC's role in ensuring that any proposed variations to enterprise agreements are justifiable and in the best interest of all parties involved. The final orders included the dismissal of the application for variation and the reaffirmation of the existing enterprise agreement terms.

Transfield Services (Australia) Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established