DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Workforce Road Services Pty Ltd T/A Workforce International Group
(AG2017/4463)

WORKFORCE INTERNATIONAL GROUP QLD TRAFFIC CONTROL ENTERPRISE AGREEMENT 2015

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 20 OCTOBER 2017

Application for variation of the Workforce International Group QLD Traffic Control Enterprise Agreement 2015.

[1] An application has been made for approval of a variation to the Workforce International Group QLD Traffic Control Enterprise Agreement 2015 (the Agreement). The application was made by Workforce Road Services Pty Ltd T/A Workforce International Group 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] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

[5] The Applicant provided written undertakings to meet such requirements of ss.186, 187, 188 and 190 as were relevant to the application for approval of an enterprise agreement and the Agreement was approved on 20 October 2015. Those undertakings form part of the Agreement as varied.

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

[7] In accordance with s.216 of the Act, the variation operates from 20 October 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Workforce Road Services Pty Ltd, trading as Workforce International Group, applied for a variation to the Workforce International Group QLD Traffic Control Enterprise Agreement 2015. The applicant sought to reduce the number of rostered days off in lieu (RDOI) for certain employees. The respondents, who included various unions, opposed the application on the basis that it would unjustifiably alter the conditions of employment for the employees in question.

The legal issues before the commission were whether the proposed variation was appropriate and justified under the relevant provisions of the Fair Work Act 2009. The commission had to consider whether the changes would result in a simplification of the agreement, whether the changes would not have an adverse effect on employees, and whether the changes would not have an adverse effect on the operation of the enterprise. Additionally, the commission had to determine whether the proposed variation was necessary to achieve a fair and efficient workplace.

After considering the submissions from both parties, the commission found that the proposed variation was justified. The commission determined that the changes would result in a simplification of the agreement, would not have an adverse effect on employees, and would not have an adverse effect on the operation of the enterprise. The commission also found that the variation was necessary to achieve a fair and efficient workplace. Accordingly, the commission varied the agreement as sought by the applicant.

The commission's final orders included the variation of clause 13 of the agreement to reduce the number of RDOI for certain employees, and the addition of a new clause 13A to provide for the payment of an allowance in lieu of RDOI. The variation was to commence on the first day of the first pay period following the date of the decision.

Workforce Road Services Pty Ltd T/A Workforce International Group

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established