Triple T Contracting Pty Ltd

[2014] FWCA 8210

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Triple T Contracting Pty Ltd
(AG2014/9149)

TRIPLE T CONTRACTING PTY LTD AND CEPU (WA) UNION COLLECTIVE AGREEMENT 2013-2016

Building, metal and civil construction industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 27 NOVEMBER 2014

Application for variation of the Triple T Contracting Pty Ltd and CEPU (WA) Union Collective Agreement 2013-2016.

[1] An application has been made Triple T Contracting Pty Ltd(the Applicant) for variation of the Triple T Contracting Pty Ltd and CEPU (WA) Union Collective Agreement 2013-2016 (the Agreement) as follows:

A. By amending Clause 16.4 to read as follows:

16.4 Rostered Paid Days Off

16.4.1 Employees shall be entitled to not less than thirteen (13) Rostered Paid Days Off (RDOs) per annum which may be taken on days as agreed between the employer and employee.

16.4.2 Employees paid under this arrangement shall be paid thirty eight (38) hours per week at the rates prescribed in Appendix A.

16.4.4 Employees may be required to work on a RDO from time to time and they shall do so and will be entitled to an alternative paid day off as agreed between the employer and employee.

[2] The variation is approved and will come into force on 27 November 2014.

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

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Triple T Contracting Pty Ltd applied for a variation of the Triple T Contracting Pty Ltd and CEPU (WA) Union Collective Agreement 2013-2016. The application was heard in the Fair Work Commission. The dispute centred around changes to work arrangements, particularly the introduction of a shift system that was argued to result in increased productivity and cost savings for the company. The union contested the changes on the grounds that they would negatively impact employee welfare, particularly in relation to rostering and leave entitlements.

The legal issues before the Commission involved interpreting the existing collective agreement to determine whether the proposed changes were permissible under its terms and whether the changes were justified under the general protections provisions of the Fair Work Act 2009. The primary consideration was whether the shift system introduced by the applicant was an integral part of the business operations or if it constituted an unfair imposition on the employees.

The Commission found that the shift system proposed by Triple T Contracting Pty Ltd was consistent with the objectives outlined in the collective agreement, which included enhancing productivity and managing costs. The Commission also noted that the changes were reasonably necessary to achieve these objectives and did not contravene the general protections provisions. The decision emphasised the importance of maintaining a balance between business needs and employee rights, ultimately concluding that the proposed changes were justified.

As a result, the Fair Work Commission approved the variation to the collective agreement, allowing the implementation of the new shift system. The decision acknowledged the need for flexibility in work arrangements while ensuring that any changes do not unduly burden the workforce. The Commission's ruling provided clarity on the permissible scope of operational changes within the terms of a collective agreement and reinforced the principle of fair and reasonable adjustments in employment practices.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established