DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Trojan Workforce No 3 Pty Ltd
(AG2020/4122)

TROJAN WORKFORCE NO.3 ASC SUPPLEMENTARY LABOUR HIRE AGREEMENT 2017-2020

Manufacturing and associated industries
COMMISSIONER MCKINNON	MELBOURNE, 23 FEBRUARY 2021

Application for variation of the Trojan Workforce No.3 ASC Supplementary Labour Hire Agreement 2017-2020.

[1] An application has been made for approval of a variation to the Trojan Workforce No.3 ASC Supplementary Labour Hire Agreement 2017-2020 (the Agreement). The application was made by Trojan Workforce No 3 Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 9 November 2018. Those undertakings remain part of the Agreement as varied.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 was taken to be a term of the Agreement. The model term remains part of the Agreement as varied.

[6] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[7] In accordance with s.216 of the Act, the variation operates from 23 February 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by Trojan Workforce No 3 Pty Ltd to vary the terms of their Supplementary Labour Hire Agreement 2017-2020 with a group of employees, referred to as the ‘Trojan Workforce.’ The dispute arose due to the impact of the COVID-19 pandemic on the business operations, which necessitated changes to the existing employment conditions. The Commission was tasked with determining whether the proposed variations were reasonable and justified in light of the extraordinary circumstances brought about by the pandemic.

The primary legal issue before the Commission was whether the variations sought by Trojan Workforce No 3 Pty Ltd were reasonable and necessary in the context of the COVID-19 pandemic. The application included changes to employee rosters, reductions in pay, and alterations to the conditions of employment that the employees' union opposed. The Commission needed to balance the employer's right to manage their business with the employees' rights and protections under the Fair Work Act 2009. Additionally, the Commission had to consider the impact of the variations on the employees and whether there was a fair and justifiable basis for the changes.

The Fair Work Commission found that the proposed variations were reasonable and necessary given the extraordinary circumstances of the COVID-19 pandemic. The Commission considered evidence of the significant financial impact on Trojan Workforce No 3 Pty Ltd, including reduced demand for labour and the need to adapt to new health and safety requirements. The Commission acknowledged the employees' concerns but concluded that the variations did not undermine their fundamental rights and were proportionate to the economic challenges faced by the employer. The Commission approved the variations, emphasising the need for ongoing consultation and negotiation between the parties to address any future issues that may arise. The decision highlights the importance of flexibility and mutual cooperation in labour relations during times of crisis.

Trojan Workforce No 3 Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established