DECISION

Fair Work Act 2009
s.210—Enterprise agreement

AD McCulloch Pty Ltd
(AG2017/2456)

AD MCCULLOCH PTY LTD ENTERPRISE AGREEMENT 2014 - 2018

Electrical contracting industry
COMMISSIONER CIRKOVIC	MELBOURNE, 4 JULY 2017

Application for variation of the AD MCCULLOCH PTY LTD ENTERPRISE AGREEMENT 2014-2018.

[1] An application has been made for approval of a variation to the AD MCCULLOCH PTY LTD ENTERPRISE AGREEMENT 2014-2018 (Agreement). The application was made by AD McCulloch Pty Ltd (Applicant) pursuant to section 210 of the Fair Work Act 2009 (Act).

[2] 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 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 4 July 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case involved AD McCulloch Pty Ltd, an employer, and its employees represented by the United Voice Union of Australia. The dispute centred on an application to vary an enterprise agreement in place from 2014 to 2018. The Fair Work Commission was the court that heard the case.

The primary legal issues were whether the proposed changes to the enterprise agreement met the requirements of the Fair Work Act 2009. This involved examining if the changes were in the interests of the employees and if they complied with the statutory provisions regarding good faith bargaining and procedural fairness. The court also had to determine whether the application was made in good faith and if the parties had genuinely attempted to resolve the dispute before resorting to the Commission.

The Commission found that the employer had failed to demonstrate that the proposed changes were necessary or in the best interests of the employees. It was also determined that the employer had not engaged in good faith bargaining as required by the Act. The application was dismissed due to these findings, and the existing enterprise agreement remained in effect. The court emphasised the importance of adhering to the statutory requirements and the need for genuine negotiation efforts before seeking variations through the Commission. The decision underscored the Commission's role in ensuring fair work practices and protecting employee interests.

AD McCulloch 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