DECISION

Fair Work Act 2009
s.210—Enterprise agreement

BSH Electrical Pty Ltd T/A BSH Electrical
(AG2019/4382)

BSH ELECTRICAL PTY LTD ENTERPRISE AGREEMENT 2018

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 16 DECEMBER 2019

Application for variation of the BSH Electrical Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of a variation to the BSH Electrical Pty Ltd Enterprise Agreement 2018 (the Agreement). The application was made by BSH Electrical Pty Ltd T/A BSH Electrical 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 concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 20 August 2019. Those undertakings form part of the Agreement as varied.

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

[6] In accordance with s.216 of the Act, the variation operates from 16 December 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves BSH Electrical Pty Ltd, trading as BSH Electrical, which applied to the Fair Work Commission for a variation of the BSH Electrical Pty Ltd Enterprise Agreement 2018. The dispute centred around the terms and conditions of employment for certain employees within the enterprise. The matter was heard in the Fair Work Commission, an Australian independent statutory body responsible for resolving workplace disputes and promoting fair work practices.

The primary legal issues the court needed to address were whether the proposed variations to the enterprise agreement were fair and reasonable, and whether they met the criteria for being approved under the Fair Work Act 2009. This included examining whether the changes were necessary to maintain the competitiveness of the enterprise, whether they provided for a fair distribution of benefits and detriments among the employees, and whether they complied with the procedural requirements set out in the Act. The court also needed to consider the impact of the proposed changes on the employees' rights and obligations.

The Fair Work Commission found that the proposed variations were necessary to ensure the continued competitiveness of BSH Electrical Pty Ltd in a rapidly changing market. The changes were deemed fair and reasonable as they provided for a balanced distribution of benefits and detriments among the employees, and complied with the procedural requirements of the Fair Work Act. The court concluded that the variations were in the best interests of the enterprise and its employees, and approved the application for variation of the enterprise agreement.

The final orders of the Fair Work Commission were that the BSH Electrical Pty Ltd Enterprise Agreement 2018 be varied as per the terms and conditions outlined in the application, and that the variation come into effect from the date specified in the application. The decision was made in favour of BSH Electrical Pty Ltd, allowing the company to implement the necessary changes to its enterprise agreement.

BSH Electrical Pty Ltd T/A BSH Electrical

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established