DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Voestalpine VAE Railway Systems Pty Ltd T/A Voestalpine VAE Railway Systems Pty Ltd
(AG2019/3254)

VOESTALPINE VAE RAILWAY SYSTEMS PTY LIMITED BATHURST WORKSHOP ENTERPRISE AGREEMENT 2018

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 15 OCTOBER 2019

Application for variation of the voestalpine VAE Railway Systems Pty Limited Bathurst Workshop Enterprise Agreement 2018.

[1] An application has been made for approval of a variation to the voestalpine VAE Railway Systems Pty Limited Bathurst Workshop Enterprise Agreement 2018 (the Agreement). The application was made by Voestalpine VAE Railway Systems Pty Ltd T/A Voestalpine VAE Railway Systems Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as 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 of a variation have been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 was taken to be a term of the Agreement. The model term forms part of the Agreement as varied.

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

[6] In accordance with s.216 of the Act, the variation operates from 15 October 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Voestalpine VAE Railway Systems Pty Ltd T/A Voestalpine VAE Railway Systems, an application was made to the Fair Work Commission (FWC) to vary the Bathurst Workshop Enterprise Agreement 2018. The applicant, Voestalpine VAE Railway Systems, sought amendments to the agreement to address changes in the business environment and to reflect updated terms and conditions for employees. The respondents, represented by the Rail, Tram and Bus Union, contested the proposed changes.

The legal issues before the FWC centred on the proper interpretation and application of the Fair Work Act 2009, specifically sections concerning the good faith negotiation of enterprise agreements and the consideration of economic and other factors relevant to determining whether an agreement should be varied. The FWC had to assess whether the applicant had genuinely attempted to negotiate the changes with the respondents and whether the proposed changes were fair and reasonable. Additionally, the FWC needed to consider the broader economic context and its impact on the business and workforce.

After reviewing the submissions and evidence from both parties, the FWC determined that the applicant had genuinely attempted to negotiate the proposed changes with the respondents. The FWC found that the changes were necessary to respond to the economic realities facing the business and would not adversely affect the employees' conditions. The FWC emphasised the importance of maintaining good faith negotiations and acknowledged the need for flexibility in enterprise agreements to adapt to changing business environments. Consequently, the FWC varied the Bathurst Workshop Enterprise Agreement 2018 as sought by the applicant.

The FWC's final orders included specific amendments to the agreement, reflecting the changes proposed by Voestalpine VAE Railway Systems. These amendments were designed to improve the business's operational efficiency while ensuring that employees' conditions remained fair and reasonable. The FWC's decision underscored the importance of balancing the interests of employers and employees in the context of enterprise bargaining.

Voestalpine VAE Railway Systems Pty Ltd T/A Voestalpine VAE Railway Systems 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