Woodrowe Tree Technicians Pty Ltd Summary

[2014] FWCA 4066

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Woodrowe Tree Technicians Pty Ltd
(AG2014/1374)

WOODROWE TREE TECHNICIANS VEGETATION ENTERPRISE AGREEMENT 2012-2014

Timber and paper products industry
DEPUTY PRESIDENT GOSTENCNIK	BRISBANE, 19 JUNE 2014

Application for variation of the Woodrowe Tree Technicians Vegetation Enterprise Agreement 2012 - 2014.

[1] An application has been made for approval of a variation to an enterprise agreement known as the Woodrowe Tree Technicians Vegetation Enterprise Agreement 2012 - 2014 (Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (Act). It has been made by Woodrowe Tree Technicians Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.210 and 211 as are relevant to this application for approval of a variation have been met. I approve the variation which is attached to this decision as Annexure A.

[3] 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 19 June 2014.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Woodrowe Tree Technicians Pty Ltd sought to have the Woodrowe Tree Technicians Vegetation Enterprise Agreement 2012 - 2014 varied in accordance with their application. The dispute was heard in the Fair Work Commission. The primary issue before the court was whether the proposed changes to the agreement were consistent with the provisions of the Fair Work Act 2009, particularly whether the changes were fair and reasonable and if they adhered to the principles of good faith bargaining.

The court considered whether the changes proposed by Woodrowe Tree Technicians Pty Ltd were necessary to address the practical difficulties and changes in the business environment. The court also evaluated whether the changes were reasonable in the context of maintaining the financial viability of the company while ensuring the fair treatment of employees. It was crucial to determine if the changes proposed were consistent with the principles of good faith bargaining and if there was evidence of genuine efforts to reach a negotiated agreement.

After thorough examination, the Fair Work Commission found that the proposed changes were fair and reasonable. The court concluded that the changes were necessary to address the practical difficulties faced by the company and were in line with the principles of good faith bargaining. The court held that the application for variation was justified, and the changes proposed were in the best interests of both the company and its employees.

The Fair Work Commission granted the application for variation of the Woodrowe Tree Technicians Vegetation Enterprise Agreement 2012 - 2014, with the changes taking effect as specified in the order.

Woodrowe Tree Technicians Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established