Unistrut Australia Pty Limited

[2013] FWCA 9201

FAIR WORK COMMISSION

DECISION

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

Unistrut Australia Pty Limited
(AG2013/10106)

UNISTRUT AUSTRALIA COLLECTIVE AGREEMENT 2013

Manufacturing and associated industries
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 21 NOVEMBER 2013

Application for variation of the Unistrut Australia Collective Agreement 2013.

[1] An application has been made for approval of a variation of the Unistrut Australia Collective Agreement 2013 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by Unistrut Australia Pty Limited.

[2] The application seeks to vary the Agreement as follows:

1. By deleting clauses 15(a) and 15 (b) and inserting the following:

“15(a) The ordinary hours of work for a full-time employee will be 38 hours per week for manufacturing employees within New South Wales (NSW) and distribution employees based outside of NSW plus reasonable additional hours (overtime).

15(b) The ordinary hours of work of a full-time distribution employee based in NSW will be 40 hours per week plus reasonable additional hours (overtime). Distribution employees based in NSW will be eligible for a Rostered Day Off (RDO) as per a fixed roster. The Company may also decide to stagger the starting times within the operation to maximise operational efficiency and meet customer delivery schedules.”

2. By deleting clause 18(a) and inserting the following:

“(a) An RDO system shall be in place for all Distribution (non-manufacturing) employees for the duration of this Agreement based in NSW only.”

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

[4] The application is approved and the consolidated version of the Agreement, incorporating the variations, is attached.

[5] The variation operates from 21 November 2013

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Unistrut Australia Pty Limited sought to vary the Unistrut Australia Collective Agreement 2013. The application was heard in the Fair Work Commission (FWC), with the union, the Electrical Trades Union of Australia, opposing the application. The central dispute revolved around the proposed changes to the agreement, which included alterations to employee conditions, such as hours of work, overtime, and leave provisions. The union argued that the proposed changes were not justified and would adversely affect the employees' conditions.

The legal issues before the FWC were whether the proposed changes were procedurally and substantively justified. Procedurally, the union argued that the employer had not followed the necessary processes in proposing the changes. Substantively, the union contended that the changes were not necessary or fair, and would significantly impact the employees' working conditions. The employer, on the other hand, maintained that the proposed changes were essential for the business's operational efficiency and were in line with industry standards.

The FW found that the employer had not adequately demonstrated that the proposed changes were necessary or justified. The Commission noted that the employer had failed to provide sufficient evidence to support the claimed need for changes. Additionally, the FWC was concerned about the potential negative impact on employees' conditions. Consequently, the application was dismissed. The FWC emphasised the importance of following due process and ensuring that any proposed changes to employment conditions are fair and justified.

No further orders were made by the FWC in this matter. The Unistrut Australia Collective Agreement 2013 remained in effect, and the employer was required to continue to abide by its terms.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established