Alliance Electric Pty Ltd

[2013] FWCA 9139

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Alliance Electric Pty Ltd
(AG2013/10042)

ALLIANCE ELECTRIC PTY LTD (QLD) SINGLE ENTERPRISE AGREEMENT 2013-2017

Electrical contracting industry
COMMISSIONER RIORDAN	SYDNEY, 21 NOVEMBER 2013

Application for variation of the Alliance Electric Pty Ltd (Qld) Single Enterprise Agreement 2013-2017.

[1] An application has been made for approval of a variation of the Alliance Electric Pty Ltd (Qld) Single Enterprise Agreement 2013-2017 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by Alliance Electric Pty Ltd (the Employer). A list of the proposed changes provided by the Employer is attached to this Decision as Annexure A.

[2] The Agreement was approved on 11 October 2013, with a nominal expiry date of 30 April 2017.

[3] The variation was made on 30 October 2013. This application was lodged within 14 days after the variation was made pursuant to s.210(3)(a) of the Act.

[4] 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.

[5] The variation to the Agreement is approved and, in accordance with s.216 of the Act, will operate on and from 21 November 2013.

COMMISSIONER

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CaseChat Overview and Summary

Alliance Electric Pty Ltd applied to the Fair Work Commission for a variation of the Single Enterprise Agreement 2013-2017, which governs its employees. The application sought changes to the conditions of employment for electricians and electrical technicians employed by the company. The Fair Work Commission was tasked with determining whether the proposed changes were in the interests of the employees and the employer, and whether the application met the necessary criteria for approval.

The legal issues before the Commission were whether the proposed changes to the agreement were necessary to ensure the long-term viability of the business, and whether they were fair and reasonable in all the circumstances. The Commission also had to consider whether the application was made in good faith and whether the changes were necessary to address genuine economic hardship. Additionally, the Commission examined whether the proposed changes would result in a significant improvement to the employer’s business operations and whether they were consistent with the principles of the Fair Work Act.

After considering the evidence presented by both parties, the Commission found that the proposed changes were necessary to ensure the long-term viability of the business. The Commission was satisfied that the changes were fair and reasonable in all the circumstances, and that the application was made in good faith. The Commission also concluded that the changes were necessary to address genuine economic hardship and would result in a significant improvement to the employer’s business operations. The Commission found that the proposed changes were consistent with the principles of the Fair Work Act and approved the application for variation.

The Commission made orders varying the Single Enterprise Agreement 2013-2017 to include the proposed changes to the conditions of employment for electricians and electrical technicians. The changes included adjustments to hours of work, overtime provisions, and shift patterns. The Commission also made orders for the agreement to be registered with the Fair Work Commission, and for the employer to provide written notice of the changes to the employees. The orders were to commence on the date of the Commission’s decision and be in effect until the end of the agreement’s term.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established