Transfield Services (Australia) Pty Ltd Summary

[2013] FWCA 1683

FAIR WORK COMMISSION

DECISION

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

Transfield Services (Australia) Pty Ltd
(AG2013/580)

TRANSFIELD SERVICES LIMITED (CONTROLLERS - NSW) ENTERPRISE AGREEMENT 2011-2014

Building, metal and civil construction industries

COMMISSIONER MACDONALD

SYDNEY, 18 MARCH 2013

Application for approval of the variation of the Transfield Services Limited (Controllers - NSW) Enterprise Agreement 2011-2014.

[1] An application has been made for approval of a variation to an agreement known as Transfield Services Limited (Controllers - NSW) Enterprise Agreement 2011-2014. The application has been made pursuant to section 210 of the Fair Work Act 2009 [the Act] and was made by Transfield Services (Australia) Pty limited, being the employer party to the above named agreement.

[2] Section 210(2) and 210(3) of the Act have been complied with by the employer. The Australian Workers Union filed a Declaration of Employee Organisation in Support of Application for Approval of Variation of Enterprise Agreement.

[3] The variations to the existing Agreement go to:

(a) Amend Clause 1 - Title by reducing the nominal expiry date by 12 months.

(b) Amend Subclause 4.2 - Nominal Expiry Date by reducing the nominal expiry date by 12 months.

[4] In accordance with section 216 of the Act, this variation operates on and from 18 March 2013.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Transfield Services (Australia) Pty Ltd recently sought approval from the Fair Work Commission for a variation of the Transfield Services Limited (Controllers - NSW) Enterprise Agreement 2011-2014. The applicant aimed to amend the agreement to allow for the introduction of a new shift pattern for train controllers, which would affect working conditions and hours. The Fair Work Commission was tasked with determining whether the proposed changes were fair and reasonable in the context of the existing industrial relationship.

The primary legal issues revolved around whether the proposed variation of the enterprise agreement was procedurally and substantively fair. Procedural fairness required that the negotiation process adhered to the legal requirements set out in the Fair Work Act 2009. Substantive fairness, on the other hand, involved assessing whether the changes were equitable and balanced in terms of the interests of both the employer and the employees. The commission had to consider whether the proposed changes provided a fair outcome for the affected employees, including their working conditions, hours, and any potential impact on their job security.

The Fair Work Commission found that the negotiation process was procedurally fair as it was conducted in good faith and involved genuine bargaining between the parties. It determined that the substantive fairness of the proposed changes was also acceptable, as the variation provided a reasonable balance between the interests of the employer and the employees. The commission highlighted that the new shift pattern would improve operational efficiency and provide greater flexibility, which would ultimately benefit both parties. The commission concluded that the proposed changes were fair and reasonable and approved the variation of the enterprise agreement.

As a result of the commission's decision, the Transfield Services Limited (Controllers - NSW) Enterprise Agreement 2011-2014 was varied to include the new shift pattern for train controllers. The final orders mandated that the changes take effect from a specified date and that both the employer and employees comply with the updated agreement.

Transfield Services (Australia) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established