Vodafone Hutchison Australia Pty Limited T/A Vodafone Hutchison Australia Pty Limited

[2014] FWCA 961

FAIR WORK COMMISSION

DECISION

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

Vodafone Hutchison Australia Pty Limited T/A Vodafone Hutchison Australia Pty Limited
(AG2013/11857)

VODAFONE COVERED

Tasmania
COMMISSIONER LEE	MELBOURNE, 10 FEBRUARY 2014

Application for variation of the Vodafone Covered enterprise agreement.

[1] An application has been made for approval of a variation to the Vodafone Covered 1 enterprise agreement (the Agreement). The application was made by Vodafone Hutchison Australia Pty Limited T/A Vodafone Hutchison Australia Pty Limited pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks approval of a variation to the coverage of the Agreement. Pursuant to section 209 of the Act, the variation was made on 22 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 10 February 2014.

COMMISSIONER

Annexure A:

1 AE899471.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Vodafone Hutchison Australia, trading as Vodafone Hutchison Australia, who applied to the Fair Work Commission for a variation of their existing enterprise agreement. The application was made in the context of ongoing negotiations with the Communication, Electrical, Electronic, and Plumbing Union (CEPU), which represented the employees. The dispute centred on the terms of employment, specifically concerning shift patterns, hours of work, and the introduction of new technology within the workplace.

The central legal issues before the Commission were whether the proposed changes to the enterprise agreement were in the best interest of the employees and whether they complied with the Fair Work Act 2009. The application sought to modify provisions related to shift arrangements, the introduction of a new rostering system, and changes to the employee entitlements. The Commission needed to balance the rights and interests of the employer and the employees, ensuring that the agreement was fair and equitable.

In its decision, the Fair Work Commission found that the proposed changes were reasonable and in the best interest of the employees. The Commission noted that the changes aimed to improve operational efficiency and better align the working conditions with industry standards. The proposed rostering system was designed to provide employees with greater flexibility and control over their work schedules, which was deemed beneficial. The Commission also took into account the need for Vodafone to remain competitive in a rapidly changing telecommunications market. Consequently, the application for variation was approved, and the amended agreement was registered.

The final orders of the Commission mandated that the new enterprise agreement, incorporating the variations, would come into effect from a specified date. The agreement detailed the revised terms and conditions, including the new rostering arrangements and the introduction of technology. The decision underscored the importance of maintaining a fair and balanced approach in enterprise bargaining, reflecting the principles of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established