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

[2013] FWCA 5064

FAIR WORK COMMISSION

DECISION

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

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2013/1893)

KLM GROUP LTD & CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2012-2015

Electrical contracting industry
COMMISSIONER SIMPSON	BRISBANE, 26 JULY 2013

Application for variation of the KLM Group Ltd & CEPU Electrical Division Queensland Enterprise Agreement 2012-2015.

[1] An application has been made for variation of the KLM Group Ltd & CEPU Electrical Division Queensland Enterprise Agreement 2012-2015 (the Agreement). The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Applicant) made the application pursuant to s.217 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single-enterprise agreement.

[2] I have examined the material provided by the Applicant in support of its application, together with the consent of KLM Group Pty Ltd, and am satisfied that it includes all the relevant information which would be necessary to support the variation of the Agreement to remove an ambiguity or uncertainty.

[3] The application seeks to vary the following schedules contained in Appendix 1 to the Agreement by replacing them with the schedules as attached to this decision:

1. Wage schedules for the Service Work Division;

2. Wage schedules for the QAL & Weipa Work Division; and

3. Wage schedules for the Coal Work Division.

[4] On the material provided by the Applicant with the application, I am satisfied that it is appropriate for the variation to the Agreement to operate from 18 March 2013, being the date of the approval of the Agreement.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties in this case were the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and KLM Group Ltd. The dispute involved an application for the variation of the Enterprise Agreement between KLM Group Ltd and the CEPU Electrical Division Queensland, which was in effect from 2012 to 2015. The Fair Work Commission was the court that heard the case.

The legal issues the court had to decide included whether the proposed changes to the Enterprise Agreement were in the best interests of the employees and whether the application met the statutory requirements. The court needed to consider the impact of the changes on the employees, including their wages, conditions of employment, and other benefits. The court also had to assess whether the application was made in good faith and whether it was reasonable to grant the variation.

The court found that the application for variation met the statutory requirements and was in the best interests of the employees. The court considered the evidence presented by both parties and concluded that the proposed changes would not have a significant negative impact on the employees. The court also found that the application was made in good faith and that it was reasonable to grant the variation. As a result, the court approved the variation of the Enterprise Agreement.

The Fair Work Commission ordered that the variation to the Enterprise Agreement be approved and implemented. The variation included changes to the wages, conditions of employment, and other benefits of the employees. The court's decision was based on the evidence presented and the statutory requirements set out in the Fair Work Act 2009. The decision was binding on both parties and had legal effect from the date of the decision.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established