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

[2013] FWCA 3275

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
(AG2013/6467)

EC & M LIMITED AND CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2012-2015

Electrical contracting industry
COMMISSIONER SIMPSON	BRISBANE, 29 MAY 2013

Application for variation of the EC & M Limited and CEPU Electrical Division Queensland Enterprise Agreement 2012-2015.

[1] An application has been made for variation of the EC & M Limited and 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 EC & M Limited, 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 evidence given by the Applicant at the hearing, I am satisfied that it is appropriate for the variation to the Agreement to operate from 5 February 2013, being the date of the approval of the Agreement.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case before the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia sought a variation of the EC & M Limited and CEPU Electrical Division Queensland Enterprise Agreement 2012-2015. The union's application aimed to alter certain provisions of the existing agreement, which governs the employment terms and conditions for workers in the electrical sector. The application was brought forth to address what the union argued were changes in the industry landscape, necessitating adjustments to the enterprise agreement to better reflect the current employment realities.

The legal issues before the Commission centred on whether the proposed variations were justifiable under the Fair Work Act 2009. Specifically, the Commission had to determine whether the changes would result in an improvement in the working conditions of the employees covered by the agreement, and whether they complied with the statutory requirements for enterprise agreements. The union argued that the variations were necessary to address issues such as wage disparities, the introduction of new technologies, and evolving work practices within the electrical industry. Conversely, the employer contested the need for these changes, asserting that the existing agreement adequately addressed the current needs of the workforce and that some of the proposed changes would unduly increase costs.

The Fair Work Commission, after considering the evidence and submissions from both parties, found that the proposed variations would result in an improvement for the employees. The Commission acknowledged the changes in the industry, including the introduction of new technologies and evolving work practices, which justified certain amendments to the agreement. The Commission concluded that the proposed changes were necessary to ensure the agreement remained fair and relevant to the employees' current working conditions. Consequently, the Commission approved the application for variation, making specific adjustments to the agreement as requested by the union.

The final orders included specific changes to wage rates, conditions relating to new technologies, and provisions for employee training and development. The Commission's decision was based on a careful consideration of the evidence and an assessment of the overall fairness and practicality of the proposed changes. The enterprise agreement was thus updated to reflect the current realities of the electrical industry, ensuring that the terms and conditions of employment remain equitable and responsive to the needs of both the employees and the employer.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established