DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/5551)

NX GEN CABLING PTY LTD & ETU SYDNEY CONSTRUCTION ENTERPRISE AGREEMENT 2019

Electrical contracting industry
COMMISSIONER YILMAZ	MELBOURNE, 28 JUNE 2021

Application for variation of the NX GEN Cabling Pty Ltd & ETU Sydney Construction Enterprise Agreement 2019.

[1] An application has been made for approval of a variation to the NX GEN Cabling Pty Ltd & ETU Sydney Construction Enterprise Agreement 2019 (the Agreement). The application was made by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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 variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[5] In accordance with s.216 of the Act, the variation operates from 28 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia brought an application for the variation of the NX GEN Cabling Pty Ltd & ETU Sydney Construction Enterprise Agreement 2019. The Union sought an increase in the rates of pay for various classifications of employees within the agreement, as well as the introduction of additional entitlements and conditions.

The Commission was required to determine whether the proposed variations were consistent with the principles of the Fair Work Act 2009, and whether they were in the best interests of the employees covered by the agreement. In particular, the Commission had to consider whether the proposed changes were reasonable in all the circumstances, having regard to factors such as the current economic climate, the bargaining power of the parties, and the needs of the employees.

The Commission found that the proposed variations were reasonable and in the best interests of the employees. It noted that the Union had demonstrated a genuine desire to improve the conditions of its members, and that the proposed changes were not excessive or unreasonable. The Commission also found that the variations were consistent with the principles of the Fair Work Act, and that they would not have an adverse effect on the operations of the employer or the broader economy. Accordingly, the Commission approved the proposed variations, subject to certain modifications to ensure that they were fair and reasonable.

The Commission's final orders included the variation of the enterprise agreement to increase the rates of pay for various classifications of employees, as well as the introduction of additional entitlements and conditions. The variations were to be backdated to the date of the original agreement, and were to apply to all employees covered by the agreement. The employer was also required to provide the Union with certain information and documentation to facilitate the implementation of the variations.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established