Transfield Services Pty Ltd Summary

[2013] FWCA 7640

FAIR WORK COMMISSION

DECISION

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

Transfield Services Pty Ltd
(AG2013/2459)

TRANSFIELD SERVICES LIMITED (MAINTENANCE WORK - SURFACE MINING SITES & ASSOCIATED FACILITIES-QLD) ENTERPRISE AGREEMENT 2011- 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 2 OCTOBER 2013

Application for variation of the Transfield Services Limited (Maintenance Work - Surface Mining Sites & Associated Facilities-QLD) Enterprise Agreement 2011 - 2014.

[1] An application pursuant to s.210 of the Fair Work Act 2009 has been made by Transfield Services Pty Ltd for the approval of a variation to the Transfield Services Limited (Maintenance Work - Surface Mining Sites & Associated Facilities-QLD) Enterprise Agreement 2011 - 2014 (“the Agreement”).

[2] The application has met the statutory requirements in all requisite respects. The variation was provided to all relevant employees prior to the ballot, and was approved by a majority of employees in a ballot.

[3] The Agreement is varied as follows:

(a) By deleting sub clause 15.1.6 and replacing it with the following:

“Where a compressed roster is in place allowing the average 35 hours to be worked over a lesser weekly period of 5 days Monday to Friday, then the compressed roster hours above 7 hours each day will be paid at ordinary time and not at overtime rates: Example: in place of 5 days x 7 hours = 35 hours, employees work 4 x 8.75 hour days = 35 hours, then any hours (in this example) worked above 8.75 hrs each day will be paid at the applicable overtime rates.”

(b) In clauses A1.4; A1.4a; A1.5.1; A1.5.2; A1.5.3; and A1.5.4, by amending the date of the final escalations from “1/1/2014” to “1/7/2014”.

[4] The variation is approved and will come into operation on 2 October 2013.

[5] A consolidated copy of the Agreement is attached to this decision.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Transfield Services Pty Ltd applied to the Fair Work Commission for a variation of the Transfield Services Limited (Maintenance Work - Surface Mining Sites & Associated Facilities-QLD) Enterprise Agreement 2011 - 2014. The employer sought to reduce the number of employees required to perform certain maintenance tasks, arguing that technological advancements had made single-person operations feasible and safe. The union opposed the changes, asserting that they would compromise worker safety and reduce job security.

The central legal issue before the Fair Work Commission was whether the proposed changes to the enterprise agreement were fair and reasonable. The Commission had to consider the balance of the parties' respective bargaining power, the nature of the changes, and the impact on employee conditions, including health and safety. The Commission also needed to assess whether the changes were justified by technological advancements and whether the employer had met the onus of proving that the changes were necessary and beneficial.

The Fair Work Commission found that the employer had not adequately demonstrated that the proposed changes were necessary or that they would not adversely affect employee conditions. The Commission noted that the employer had not provided sufficient evidence of the technological advancements that would support single-person operations or the associated safety measures. Furthermore, the changes would result in significant job losses and reduced job security, which the Commission considered to be an undue burden on the employees. Accordingly, the application was dismissed.

No further orders were made by the Commission.

Transfield Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established