Triple T Plumbing and Civil Pty Ltd Summary

[2014] FWCA 6428

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Triple T Plumbing and Civil Pty Ltd
(AG2014/7296)

TRIPLE T PLUMBING & CIVIL PTY LTD AND EMPLOYEE COLLECTIVE AGREEMENT 2014-2017

Building, metal and civil construction industries
COMMISSIONER WILLIAMS	PERTH, 16 SEPTEMBER 2014

Application for variation of the Triple T Plumbing & Civil Pty Ltd and Employee Collective Agreement 2014-2017.

[1] An application has been made for approval of a variation to an enterprise agreement known as the Triple T Plumbing & Civil Pty Ltd and Employee Collective Agreement 2014-2017 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act). It has been made by Triple T Plumbing and Civil Pty Ltd. The Agreement is a single-enterprise agreement.

[2] The Agreement is varied by amending clause 13.4 of the Agreement to read:

“13.4 Rostered Paid Days Off

13.4.1 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.

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

13.4.3 Whilst this Agreement provides for 38 hour working week with 13 Rostered Days Off per annum.

13.4.4 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 the employee.”

[3] I am satisfied that each of the requirements of s.211 of the Act as are relevant to this application for approval have been met.

[4] The application is approved and the consolidated version of the Agreement, as varied under s.210 of the Act, is attached to this decision.

[5] In accordance with s.216 of the Act, the variation made pursuant to s.210 of the Act operates from the date of this decision.

COMMISSIONER

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CaseChat Overview and Summary

Triple T Plumbing and Civil Pty Ltd applied for a variation of the Employee Collective Agreement 2014-2017, which was the subject of an earlier decision. The application was brought before the Fair Work Commission (FWC). The dispute arose due to significant changes in the company's operational environment, which the applicant argued necessitated amendments to the existing agreement to maintain competitiveness and ensure fair treatment of employees.

The legal issues before the FWC centred on whether the proposed changes were justified under the Fair Work Act 2009, specifically sections related to good faith bargaining and the need for changes in a workplace. The applicant had to demonstrate that the changes were necessary and that they had engaged in genuine negotiations with the relevant trade union, which was the other party in the agreement.

The FWC assessed the evidence and submissions from both parties. It found that the changes were necessary due to the significant shifts in the business environment and operational demands. The FWC also concluded that the applicant had engaged in good faith negotiations, as required by the legislation. The tribunal considered the balance between the employer's needs and the rights and interests of the employees. Ultimately, the FWC granted the application for variation, allowing the proposed changes to be implemented.

The FWC's decision resulted in several orders, including the approval of the revised terms and conditions as outlined in the application. These changes addressed the specific operational needs of the company while ensuring that the employees' rights and interests were protected as much as possible within the framework of the Fair Work Act.

Triple T Plumbing and Civil Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established