DECISION

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

TT Logistics (Australasia) Pty Ltd
(AG2015/5121)

TT LOGISTICS (AUSTRALASIA) PTY LTD VICTORIA WORKPLACE AGREEMENT 2015

Storage services
COMMISSIONER ROE	MELBOURNE, 8 OCTOBER 2015

Application for variation of the TT Logistics (Australasia) Pty Ltd Victoria Workplace Agreement 2015.

[1] An application has been made for approval of a variation of the TT Logistics (Australasia) Pty Ltd Victoria Workplace Agreement 2015 (the Agreement). The application was made pursuant to Section 210 of the Fair Work Act 2009 (the Act) by TT Logistics (Australasia) Pty Ltd.

[2] The application was made within 14 days after the variation was made and was accompanied by a copy of the agreement as proposed to be varied and a declaration required by the Fair Work Commission Rules 2013 (Form F23A).

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

[4] The application is approved and, in accordance with Section 216 of the Act, shall come into effect from 8 October 2015.

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

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission concerned an application by TT Logistics (Australasia) Pty Ltd to vary its Victoria Workplace Agreement 2015. The applicant sought to implement changes regarding the shift patterns of its employees, specifically seeking to implement a new rostering system that would involve more rotational shifts and potentially reduce the number of employees on site. The respondents, represented by the transport workers' union, opposed the changes, arguing that the proposed rostering system would negatively impact employees' work-life balance and be inconsistent with the terms of the existing agreement.

The legal issues for the commission to decide included whether the applicant had genuinely sought to make an agreement, whether the changes proposed were in accordance with the principles of good faith bargaining, and whether the changes would have an adverse effect on the employees' conditions of employment. The commission had to consider the nature of the proposed changes, the impact on employees, and whether the applicant had acted in good faith throughout the bargaining process. Additionally, the commission examined whether the changes were consistent with the terms of the existing agreement and whether they complied with relevant industrial instruments.

The commission found that the applicant had genuinely sought to make an agreement and had acted in good faith throughout the bargaining process. The commission acknowledged the need for the applicant to adapt its operations in light of changing business conditions and recognised the employer's right to manage its business. However, the commission also found that the proposed changes would have an adverse effect on employees' work-life balance and were inconsistent with the terms of the existing agreement. The commission concluded that the proposed changes did not meet the threshold for approval under the Fair Work Act and dismissed the application for variation.

The commission made no orders, as the application was dismissed. The existing Victoria Workplace Agreement 2015 remained in force, and the parties were directed to continue bargaining in good faith to reach a new agreement.

TT Logistics (Australasia) 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