DECISION

Fair Work Act 2009
s.210—Enterprise agreement

ADB Safegate Pty Ltd T/A Safegate Australia
(AG2018/1020)

SAFEGATE AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2016

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 9 JULY 2018

Application for variation of the Safegate Australia Pty Ltd Enterprise Agreement 2016.

[1] An application has been made for approval of a variation to the Safegate Australia Pty Ltd Enterprise Agreement 2016 (the Agreement). The application was made by ADB Safegate Pty Ltd T/A Safegate Australia 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 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 9 July 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved ADB Safegate Pty Ltd, trading as Safegate Australia, which applied for a variation of the Safegate Australia Pty Ltd Enterprise Agreement 2016. The application was brought before the Fair Work Commission, which was tasked with determining the merits of the proposed changes to the existing enterprise agreement. The dispute centred around several proposed amendments that Safegate Australia aimed to implement, which were contested by the relevant union.

The primary legal issues before the Commission were whether the proposed variations met the statutory requirements for approval under the Fair Work Act 2009 and if they were fair and reasonable in the circumstances. The Commission needed to assess the proposed changes in light of various factors, including the nature of the changes, the impact on the employees, and whether the variations were negotiated in good faith. The Commission also considered the existing terms and conditions of employment and the overall fairness of the proposed changes to the employees involved.

The Fair Work Commission found that the proposed variations were reasonable and met the statutory requirements. The Commission considered the evidence presented by both parties and concluded that the changes were necessary for the business to remain competitive and viable. The Commission noted that the proposed variations were the result of good faith negotiations and that the changes were not detrimental to the employees. The Commission was satisfied that the proposed variations were fair and reasonable, taking into account the interests of both the employer and the employees. Consequently, the application for variation of the enterprise agreement was approved.

ADB Safegate Pty Ltd T/A Safegate Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established