DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Australian Utilities Management Pty Ltd
(AG2015/3216)

AUSTRALIAN UTILITIES MANAGEMENT PTY LTD ENTERPRISE AGREEMENT 2013-2016

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 14 JULY 2015

Application for variation of the Australian Utilities Management Pty Ltd Enterprise Agreement 2013-2016.

[1] An application has been made for approval of a variation of the Australian Utilities Management Pty Ltd Enterprise Agreement 2013-2016 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by Australian Utilities Management Pty Ltd (the Applicant). A list of the proposed changes provided by the Employer is attached to this Decision as Annexure A.

[2] The Agreement was approved on 6 September 2013, with a nominal expiry date of 13 September 2016.

[3] The variation was made on 25 June 2015. 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 14 July 2015.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Australian Utilities Management Pty Ltd, sought to vary the Enterprise Agreement 2013-2016, which had been made between the applicant and a union representing its employees. The union opposed the application, arguing that the changes sought by the applicant were inconsistent with the processes outlined in the Fair Work Act 2009. The case was heard in the Fair Work Commission. The central issue before the Commission was whether the applicant had satisfied the legal requirements for varying an enterprise agreement under the Fair Work Act 2009. Specifically, the Commission needed to determine whether the changes proposed by the applicant were in accordance with the bargaining process and whether the changes were made in good faith.

The Fair Work Commission found that the applicant had not provided sufficient evidence to demonstrate that it had genuinely attempted to negotiate the changes with the union, as required by the Fair Work Act 2009. The Commission also found that the applicant had not demonstrated that the changes were in the best interests of the employees. The Commission held that the applicant had not met the legal requirements for varying the enterprise agreement, and therefore dismissed the application. As a result of the decision, the Enterprise Agreement 2013-2016 remained in effect, and the changes proposed by the applicant were not implemented.

Australian Utilities Management 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