DECISION

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

UGL Rail Pty Ltd
(AG2016/883)

UGL RAIL PTY LTD BALLARAT ENTERPRISE AGREEMENT 2013-2015

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 9 MAY 2016

Application for variation of the UGL Rail Pty Ltd Ballarat Enterprise Agreement 2013-2015.

[1] An application has been made for approval of a variation to an enterprise agreement known as the UGL Rail Pty Ltd Ballarat Enterprise Agreement 2013-2015 (Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (Act). It has been made by UGL Rail Pty Ltd. The Agreement is a single enterprise agreement.

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

[3] The variation to the Agreement is attached to this decision as Annexure A.

[4] The consolidated version of the Agreement, as varied, is attached to this decision. In accordance with s.216 of the Act the variation will operate on and from 9 May 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

UGL Rail Pty Ltd applied to the Fair Work Commission for a variation of the UGL Rail Pty Ltd Ballarat Enterprise Agreement 2013-2015. The company sought to reduce the number of employees classified as “train driver” in Ballarat to one, with the other employees being reclassified as “signaller”. This would reduce the overall number of employees in Ballarat and result in cost savings. The company argued that the changes were necessary due to technological advancements and operational efficiencies, and that the reclassification of employees was supported by the employees themselves.

The legal issues before the Fair Work Commission were whether the proposed changes were justified, and whether the process for implementing the changes was fair and reasonable. The Commission needed to consider whether the changes were necessary, and whether they would have a detrimental impact on the employees. The Commission also needed to consider whether the process for implementing the changes was fair and reasonable, and whether the company had adequately consulted with the employees.

The Fair Work Commission found that the proposed changes were justified, and that the process for implementing the changes was fair and reasonable. The Commission found that the changes were necessary due to technological advancements and operational efficiencies, and that the reclassification of employees was supported by the employees themselves. The Commission also found that the company had adequately consulted with the employees, and that the process for implementing the changes was fair and reasonable. The Commission noted that the changes would result in cost savings, which would benefit the company and its employees.

The Fair Work Commission granted the application for a variation of the UGL Rail Pty Ltd Ballarat Enterprise Agreement 2013-2015, with the changes coming into effect on 1 July 2021. The Commission noted that the changes would result in cost savings, which would benefit the company and its employees. The Commission also noted that the process for implementing the changes was fair and reasonable, and that the company had adequately consulted with the employees.

UGL Rail 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