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

[2013] FWCA 4873

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
(AG2013/1812)

TES MECHANICAL ELECTRICAL QLD PTY LTD & CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2012 - 2015

Electrical contracting industry
COMMISSIONER SIMPSON	BRISBANE, 19 JULY 2013

Application for variation of the TES Mechanical Electrical Qld Pty Ltd & CEPU Electrical Division Queensland Enterprise Agreement 2012-2015.

[1] An application has been made for variation of the TES Mechanical Electrical Qld Pty 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 TES Mechanical Electrical 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 26 February 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 TES Mechanical Electrical Qld Pty Ltd, a company in the electrical industry. The dispute involved an application by the union for a variation of the TES Mechanical Electrical Qld Pty Ltd & CEPU Electrical Division Queensland Enterprise Agreement 2012-2015. The case was heard in the Fair Work Commission, an Australian federal workplace relations tribunal.

The primary legal issues before the Commission were whether the proposed changes to the enterprise agreement were in the best interests of the employees covered by the agreement and whether the application met the statutory requirements for a variation of an enterprise agreement. The Commission had to consider the impact of the proposed changes on the employees' working conditions and whether the application complied with the relevant provisions of the Fair Work Act 2009.

The Commission found that the proposed changes to the enterprise agreement were in the best interests of the employees. It determined that the application met the statutory requirements for a variation of an enterprise agreement. The Commission was satisfied that the proposed changes would not have a detrimental effect on the employees' working conditions and that the application complied with the relevant provisions of the Fair Work Act 2009.

The Commission varied the TES Mechanical Electrical Qld Pty Ltd & CEPU Electrical Division Queensland Enterprise Agreement 2012-2015 as per the terms set out in the union's application. The variation took effect from the date the application was approved by the Commission. The Commission's decision was based on its assessment of the evidence presented by both parties and its consideration of the relevant provisions of the Fair Work Act 2009.

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