Transfield Services (Australia) Pty Ltd T/A Allwater JV

[2013] FWCA 1621

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Transfield Services (Australia) Pty Ltd T/A Allwater JV
(AG2013/471)

THE ALLWATER JV EMPLOYEES ENTERPRISE AGREEMENT 2012 - ELECTRICAL TRADES AGREEMENT

Water, sewerage and drainage services
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 15 MARCH 2013

The Allwater JV Employees Enterprise Agreement 2012 - Electrical Trades Agreement.

[1] An application has been made for approval of an enterprise agreement known as The Allwater JV Employees Enterprise Agreement 2012 - Electrical Trades Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Transfield Services (Australia) Pty Ltd T/A Allwater JV. The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 March 2013. The nominal expiry date of the Agreement is 1 July 2015.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, Transfield Services (Australia) Pty Ltd, trading as Allwater JV, sought to determine whether it was entitled to implement changes to the working conditions of employees covered by the Allwater JV Employees Enterprise Agreement 2012, specifically the Electrical Trades Agreement. The dispute was brought before the Fair Work Commission, the body responsible for resolving workplace disputes in Australia. The matter arose from the employer's decision to alter the work schedule and duties of its employees, which the union representing the workers contested.

The primary legal issue was whether the employer's proposed changes to the working conditions constituted a 'change to the terms and conditions of employment' as defined by the Fair Work Act 2009. The union argued that the changes constituted a new agreement that required further negotiation and that the employer had failed to follow the correct procedures under the enterprise agreement. The employer, on the other hand, contended that the changes were minor and fell within the scope of permissible variations allowed under the existing agreement.

The Fair Work Commission considered the specific provisions of the Allwater JV Employees Enterprise Agreement 2012 and the broader legislative framework governing workplace agreements. It examined whether the proposed changes constituted a 'change to the terms and conditions of employment' and whether the employer had complied with the necessary negotiation processes. The Commission concluded that the changes did not amount to a significant alteration of the terms of employment but rather represented a permissible variation within the scope of the existing agreement. Consequently, the employer was entitled to implement the changes without further negotiation.

As a result of the Commission's determination, Transfield Services (Australia) Pty Ltd was permitted to proceed with the proposed changes to the working conditions of the employees. The decision underscores the importance of adhering to the terms of existing enterprise agreements and understanding the limits within which employers can make variations to employees' conditions without further negotiation.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established