Allstaff Air Conditioning (VIC) Pty Ltd Summary

[2017] FWCA 6108

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.210—Enterprise agreement

Allstaff Air Conditioning (VIC) Pty Ltd

(AG2017/5042)

Allstaff Airconditioning (Vic) Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2016 - 2019

Plumbing industry
Deputy President Gostencnik	MELBOURNE, 20 NOVEMBER 2017

Application for variation of the ALLSTAFF AIRCONDITIONING (Vic) PTY LTD and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2016 - 2019.

An application has been made for approval of a variation to the ALL STAFF AIRCONDITIONING (Vic) PTY LTD and CEPU – Plumbing Division Victorian Branch Enterprise Agreement 2016 – 2019 (the Agreement). The application was made by Allstaff Airconditioning (VIC) Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

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.

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.

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.

The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

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

In accordance with s.216 of the Act, the variation operates from 20 November 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission (FWC) received an application from Allstaff Air Conditioning (VIC) Pty Ltd seeking a variation to the Allstaff Air Conditioning (Vic) Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2016 - 2019. The dispute pertained to modifications in the classification of certain employees, aiming to better align their roles with the company’s evolving business needs. The application was brought before the FWC, which had the jurisdiction to hear and decide on such matters under the Fair Work Act 2009.

The legal issues before the FWC involved whether the proposed changes to the classifications of employees were reasonable and necessary to adapt to the company’s operational changes. Additionally, the FWC had to consider if the proposed changes would maintain a fair balance between the interests of the employer and the employees. The FWC needed to evaluate the fairness of the proposed changes, assess if they were in line with the principles of the Fair Work Act, and determine if the application met the statutory requirements for a variation of an enterprise agreement.

In making its decision, the FWC took into account the specific roles and responsibilities of the employees in question, the nature of the company’s business, and the need for flexibility in the workforce. The FWC concluded that the proposed changes to employee classifications were reasonable and necessary to align with the company’s evolving business model. The FWC found that the application met the criteria for a variation under the Fair Work Act and granted the requested changes to the enterprise agreement.

The FWC ordered that the Allstaff Air Conditioning (Vic) Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2016 - 2019 be varied to reflect the changes in the classification of certain employees as proposed by Allstaff Air Conditioning (VIC) Pty Ltd. This decision was intended to support the company’s operational needs while ensuring that the interests of the employees were adequately protected.

Allstaff Air Conditioning (VIC) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established