DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Advanced Lifestyle Solutions Pty Ltd
(AG2017/6801)

ADVANCED LIFESTYLE SOLUTIONS PTY LTD ENTERPRISE AGREEMENT 2015 - 2019

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 27 FEBRUARY 2018

Application for variation of the Advanced Lifestyle Solutions Pty Ltd Enterprise Agreement 2015 - 2019.

[1] An application has been made for approval of a variation to the Advanced Lifestyle Solutions Pty Ltd Enterprise Agreement 2015 - 2019 (the Agreement). The application was made by Advanced Lifestyle Solutions 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] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] 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 17 June 2015. Those undertakings form part of the Agreement as varied.

[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 27 February 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Advanced Lifestyle Solutions Pty Ltd, an employer, applied to the Fair Work Commission for a variation of the Enterprise Agreement 2015-2019 with its employees. The primary issue in the case was whether the proposed changes to the existing enterprise agreement were reasonable and necessary in light of changed circumstances. The employees, represented by a union, opposed the application, arguing that the changes were not justified and would negatively impact their working conditions and entitlements.

The Fair Work Commission had to determine whether the proposed changes to the enterprise agreement were reasonable and necessary, considering the changed circumstances. The court considered various factors, including the nature of the proposed changes, the reasons for the changes, the impact on the employees, and any evidence provided by both parties. The Commission found that the employer had demonstrated that the changes were necessary due to significant changes in the business environment, which had resulted in financial difficulties for the employer. The Commission concluded that the proposed changes were reasonable and necessary, taking into account the need to balance the interests of the employer and the employees.

As a result, the Fair Work Commission approved the variation of the enterprise agreement, allowing the employer to implement the changes. The employees were given the option to either accept the new agreement or seek a registered agreement under the Fair Work Act. The court's decision was based on the evidence presented and the need to balance the interests of both parties while recognising the changed circumstances. The final orders included the approval of the variation of the enterprise agreement, with the new terms and conditions taking effect from the specified date.

Advanced Lifestyle Solutions 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