DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Workforce Road Services Pty Ltd
(AG2018/142)

WORKFORCE ROAD SERVICES PTY LTD AND THE AWU WA ENTERPRISE AGREEMENT 2015-2019

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 1 MARCH 2018

Application for variation of the Workforce Road Services Pty Ltd and the AWU WA Enterprise Agreement 2015-2019.

[1] An application has been made for approval of a variation to the Workforce Road Services Pty Ltd and the AWU WA Enterprise Agreement 2015-2019 (the Agreement). The application was made by Workforce Road Services 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] 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 22 April 2015. Those undertakings form part of the Agreement as varied.

[6] Pursuant to s.202(4) of the Act, the model flexibility 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.

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

[8] In accordance with s.216 of the Act, the variation operates from 1 March 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Workforce Road Services Pty Ltd, an entity engaged in providing road maintenance services, was involved in a dispute with the Australian Workers Union Western Australia Branch over the terms of their enterprise agreement. The matter was brought before the Fair Work Commission (FWC) for a variation application. The crux of the dispute was whether the proposed changes to the enterprise agreement were reasonable and necessary, particularly in light of the economic conditions affecting the road services industry.

The primary legal issues before the FWC were whether the proposed changes to the enterprise agreement were fair and reasonable. This involved assessing the balance of power between the parties, the impact of the changes on employees, and whether the changes were necessary to accommodate economic conditions. The FWC had to determine if the application satisfied the criteria under the Fair Work Act 2009, particularly sections concerning variations and the process for resolving disputes.

In its decision, the FWC analysed the evidence provided by both parties and considered the economic context of the road services industry. It was noted that the proposed changes were aimed at addressing financial pressures faced by Workforce Road Services Pty Ltd, which had been exacerbated by the economic downturn. The FWC found that the changes were reasonable and necessary, taking into account the need for flexibility and sustainability in the industry. The Commission concluded that the application met the statutory requirements for a variation, and thus, approved the changes to the enterprise agreement.

The final orders included the approval of the variation application, allowing Workforce Road Services Pty Ltd to implement the changes to the enterprise agreement as proposed. This decision underscored the importance of balancing the interests of employers and employees while ensuring the long-term viability of the industry.

Workforce Road Services 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