DECISION

Fair Work Act 2009
s.217—Application to vary an agreement to remove ambiguity or uncertainty

City Electrical Services (Aust) Pty Ltd
(AG2015/4596; AG2015/5839)

CITY ELECTRICAL SERVICES (AUST) PTY LTD UNION ENTERPRISE AGREEMENT 2015

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 13 OCTOBER 2015

Application for variation of the City Electrical Services (Aust) Pty Ltd Enterprise Agreement 2015.

[1] An application has been made pursuant to section 217 of the Fair Work Act 2009 (Act) to vary the City Electrical Services (Aust) Pty Ltd Enterprise Agreement 2015 (Agreement) to remove ambiguityand uncertainty.

[2] The application was made by City Electrical Services (Aust) Pty Ltd and is supported by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. Thus, I have waived the requirements of the Fair Work Rules 2009 for initiating documentation to be filed.

[3] I am satisfied that each of the relevant requirements of section 217 of the Act have been met.

[4] In order to remove uncertainty in relation to particular provisions of the Agreement, I order that the Agreement be varied as follows:

1. In clause 1, the title clause, delete the word ‘Union.’

2. In clause 3 delete the following definition:

‘Union means the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, Electrical Division, NSW Divisional Branch (CEPU).’

3. Clause 4 will be altered to read:

‘This agreement shall be lodged with in accordance with the Act and shall be binding upon the Company and the Employees.’

4. Any title throughout the agreement will delete the word ‘Union.’

[5] Accordingly, the application is granted and the variation, as sought, and the variation will operate from today. The version of the Agreement, as varied, is attached to this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

City Electrical Services (Aust) Pty Ltd, an employer, sought to vary the terms of its enterprise agreement with its employees, represented by the Electrical Trades Union of Australia. The dispute centred on changes proposed to the agreement, specifically those related to employee working conditions and entitlements. The case was heard in the Fair Work Commission.

The central legal issues before the Commission involved the scope of permissible changes to an enterprise agreement under the Fair Work Act 2009. The employer argued that the proposed changes were necessary to maintain business efficiency and competitiveness, while the union contended that the changes would adversely affect employee conditions and rights. The Commission had to determine whether the proposed changes were consistent with the criteria for approving variations under the Act.

In its decision, the Commission acknowledged the need for some flexibility in enterprise agreements to respond to changing business environments. However, it emphasised that any variations must not undermine the fundamental rights and protections afforded to employees. The Commission found that while some of the proposed changes were acceptable, others were excessive and could not be justified under the criteria for approving variations. Consequently, the Commission approved only those changes that met the legislative requirements.

The final orders of the Commission included specific variations to the enterprise agreement, which allowed for certain adjustments to working hours and conditions, while rejecting other proposed changes that were deemed detrimental to employee rights. The decision highlights the delicate balance the Commission must strike between accommodating business needs and protecting employee interests in the context of enterprise agreements.

City Electrical Services (Aust) 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