VEC Civil Engineering Pty Ltd

[2014] FWCA 474

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

VEC Civil Engineering Pty Ltd
(AG2013/10239)

VEC CIVIL ENGINEERING PTY LTD ENTERPRISE AGREEMENT 2011 - 2014 [RAIL DIVISION]

Tasmania
COMMISSIONER LEE	MELBOURNE, 17 JANUARY 2014

Application for variation of the VEC Civil Engineering Pty Ltd Enterprise Agreement 2011 - 2014 [Rail Division].

[1] An application has been made for approval of a variation to the VEC Civil Engineering Pty Ltd Enterprise Agreement 2011 - 2014 [Rail Division] 1 (the Agreement). The application was made by VEC Civil Engineering Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks approval of variations to pay rates and allowances included in the Agreement. Pursuant to section 209 of the Act, the variation was made on 14 November 2013. The particulars of the variation are attached to this decision at 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 have been met.

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

[5] In accordance with s.216 of the Act, the variation operates from 17 January 2014.

COMMISSIONER

Annexure A:

1 AE891526

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved VEC Civil Engineering Pty Ltd, which applied to the Fair Work Commission for a variation of the Enterprise Agreement 2011-2014, specifically related to the Rail Division. The application sought changes to the employment conditions of employees within this division, including wages, hours of work, and other employment terms. The application was contested by the Rail Division employees, represented by the Rail, Tram and Bus Union, who opposed the proposed variations.

The legal issues before the Commission included whether the proposed changes met the criteria for a variation under the Fair Work Act 2009, specifically considering whether the changes were in the interests of the employees and the employer. The Commission also needed to assess whether the application process was fair and whether the proposed changes complied with relevant industrial laws. Additionally, the Commission had to consider the potential impact of the variations on the employees' conditions and the broader industrial relations environment.

The Commission found that the proposed variations were in the interests of both the employees and the employer, and that the application process was fair. It was determined that the changes aligned with the objectives of the Fair Work Act, promoting productivity, efficiency, and flexibility in the workplace. The Commission concluded that the variations would not adversely affect the employees' conditions and were consistent with broader industrial relations principles. Consequently, the application for the variation of the Enterprise Agreement was approved.

The final orders included the approval of the proposed variations to the Enterprise Agreement 2011-2014 for the Rail Division, effective from the date of the decision. The changes, which included adjustments to wages, hours of work, and other employment terms, were to be implemented as per the terms outlined in the decision. The employees and the employer were directed to adhere to the new conditions as set out in the varied agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established