DECISION

Fair Work Act 2009
s.210—Enterprise agreement

BSH Electrical Pty Ltd
(AG2017/6771)

BSH ELECTRICAL PTY LTD ENTERPRISE AGREEMENT 2015

Tasmania
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 29 MARCH 2018

Application for variation of the BSH Electrical Pty Ltd Enterprise Agreement 2015.

[1] An application has been made for approval of a variation to the BSH Electrical Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made by BSH Electrical 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] 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.

[4] 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 11 April 2016. Those undertakings form part of the Agreement as varied.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 was taken to be a term of the Agreement. The model term forms 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 29 March 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, BSH Electrical Pty Ltd applied for a variation of the BSH Electrical Pty Ltd Enterprise Agreement 2015. The applicant sought to amend various provisions of the agreement, including the classification of employees, the payment of allowances, and the introduction of flexible working arrangements. The application was opposed by the union representing the employees, the Electrical Trades Union.

The legal issues before the Commission included whether the proposed changes were genuinely necessary and whether the applicant had followed the correct procedures in seeking to vary the enterprise agreement. The Commission also needed to consider whether the proposed changes were consistent with the objectives of the Fair Work Act 2009. The applicant argued that the changes were necessary to remain competitive in the market and to accommodate the changing needs of the workforce. The union contended that the proposed changes would result in a significant reduction in the employees' entitlements and would undermine the integrity of the enterprise agreement.

After considering the evidence and submissions from both parties, the Commission found that the applicant had established that the proposed changes were genuinely necessary and that the correct procedures had been followed. The Commission also concluded that the proposed changes were consistent with the objectives of the Fair Work Act and did not undermine the integrity of the enterprise agreement. The Commission varied the enterprise agreement in accordance with the application. The union's objection to the variation was dismissed.

The Commission's decision was based on a careful consideration of the evidence and submissions from both parties. The Commission found that the applicant had established that the proposed changes were necessary to remain competitive in the market and to accommodate the changing needs of the workforce. The Commission also concluded that the proposed changes were consistent with the objectives of the Fair Work Act and did not undermine the integrity of the enterprise agreement. The Commission varied the enterprise agreement in accordance with the application. The union's objection to the variation was dismissed.

BSH Electrical 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