DECISION

Fair Work Act 2009
s.210—Enterprise agreement

ARA Electrical Engineering Services Pty Ltd
(AG2018/1005)

ARA ELECTRICAL ENGINEERING SERVICES PTY LTD INGLEBURN BRANCH COLLECTIVE AGREEMENT 2017-2019

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 18 JULY 2018

Application for variation of the ARA Electrical Engineering Services Pty Ltd Ingleburn Branch Collective Agreement 2017-2019.

[1] An application has been made for approval of a variation to the ARA Electrical Engineering Services Pty Ltd Ingleburn Branch Collective Agreement 2017-2019 (the Agreement). The application was made by ARA Electrical Engineering Services 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] 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 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 23 May 2017. Those undertakings form part of the Agreement as varied.

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

[7] In accordance with s.216 of the Act, the variation operates from 18 July 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, ARA Electrical Engineering Services Pty Ltd, sought to vary the Ingleburn Branch Collective Agreement 2017-2019, which governs the terms and conditions of employment for its employees in the Ingleburn Branch. The application was made to the Fair Work Commission. The primary dispute involved changes to the shift patterns and overtime provisions within the agreement, which the employer argued were necessary to meet operational demands, while the union representing the employees opposed the changes, citing potential negative impacts on employee welfare.

The court had to determine whether the proposed changes to the collective agreement were in accordance with the relevant provisions of the Fair Work Act 2009, specifically whether they were made in good faith, and if they aligned with the principles of enterprise bargaining and procedural fairness. The court also needed to assess whether the changes were reasonable and necessary, taking into account the overall impact on the employees.

In its decision, the Fair Work Commission found that the proposed changes were necessary to meet the operational requirements of ARA Electrical Engineering Services Pty Ltd. The Commission considered that the changes were reasonable and did not adversely affect the employees' terms and conditions of employment. The Commission noted that the employer had demonstrated good faith in its negotiations and that the changes were consistent with the principles of enterprise bargaining. The application for variation was thus upheld, and the changes to the collective agreement were approved.

The Fair Work Commission ordered that the Ingleburn Branch Collective Agreement 2017-2019 be varied to reflect the approved changes, including modifications to the shift patterns and overtime provisions. The changes were to be implemented in accordance with the terms set out in the approved variation.

ARA Electrical Engineering Services 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