DECISION

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

BE (Nationwide) Pty Ltd T/A Built Electrical Australia
(AG2015/6562)

BE (SOUTH AUSTRALIA) PTY LTD T/A BUILT ELECTRICAL (SA) SINGLE ENTERPRISE AGREEMENT 2013

Electrical contracting industry
COMMISSIONER PLATT	ADELAIDE, 17 NOVEMBER 2015

Application for variation of the BE (South Australia) Pty Ltd T/A Built Electrical (SA) Single Enterprise Agreement 2013.

[1] Pursuant to s.210 of the Fair Work Act (the Act), the Fair Work Commission (the Commission) orders that the BE (South Australia) Pty Ltd T/A Built Electrical (SA) Single Enterprise Agreement 2013 (the Agreement) be varied as follows:

1. By replacing the Agreement title BE (South Australia) Pty Ltd T/A Built Electrical (SA) Single Enterprise Agreement 2013 with the following:

BE Nationwide Pty Ltd T/A Built Electrical Australia Single Enterprise Agreement 2013

2. By replacing the definition of “Company” in clause 3 to the following:

BE Nationwide Pty Ltd T/A Built Electrical Australia

[2] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval have been met.

[3] The variation to the Agreement is approved, and, in accordance with s.216 of the Act, will operate on and from 17 November 2015.

[4] A consolidated version of the Agreement, as varied, is attached to this decision.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the applicant, BE (Nationwide) Pty Ltd trading as Built Electrical Australia, applied for a variation of the BE (South Australia) Pty Ltd trading as Built Electrical (SA) Single Enterprise Agreement 2013. The applicant sought changes to the agreement to allow for more flexible work arrangements, including the ability to pay casual employees on a penalty rate for working on public holidays. The respondent, the Electrical Trades Union of Australia, opposed the application, arguing that the proposed changes would undermine the rights and conditions of employees under the existing agreement.

The central legal issues the Commission was required to address included whether the proposed variations were necessary and reasonable, and whether they complied with the statutory framework governing enterprise agreements. The Commission considered the principles of good faith bargaining and the impact of the proposed changes on the balance of rights and obligations between the parties. Additionally, the Commission examined the broader economic and social context in which the enterprise agreement operated, including the implications for the workforce and the industry.

The Commission found that the applicant had demonstrated a genuine need for the proposed variations to remain competitive and responsive to market changes. The changes were considered reasonable in terms of their impact on the workforce and were deemed necessary to adapt to evolving business conditions. The Commission also noted the importance of maintaining a cooperative and productive workplace environment. Consequently, the application was approved, allowing for the specified changes to the enterprise agreement. The Commission's decision was based on a careful assessment of the evidence presented and a balanced consideration of the interests of both the employer and the employees.

BE (Nationwide) Pty Ltd T/A Built Electrical Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established