Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, Alland Group Pty Ltd

[2025] FWCA 2371

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.210 - Application for approval of a variation of an enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, Alland Group Pty Ltd

(AG2025/1714)

ALLAND GROUP ENTERPRISE AGREEMENT 2024 - 2027

Electrical contracting industry
DEPUTY PRESIDENT ROBERTS	SYDNEY, 18 JULY 2025

Application for variation of the Alland Group Enterprise Agreement 2024 – 2027

An application has been made for approval of a variation to the Interflow Resources Pty Ltd NSW & ACT Workplace Agreement 2022 - 2026 (the Agreement). The application was made by the Communications, Electrical, Electronic. Energy. Information, Postal Plumbing and Allied Services Union (CEPU) pursuant to section 210 of the Fair Work Act 2009 (the Act).

Section 210(2)(a) of the Act requires that the application be accompanied by a signed copy of the variation. The variation as originally filed was not signed in accordance with the Fair Work Regulations 2009 (Cth). An amended, signed variation was subsequently filed. I consider it appropriate in the circumstances to allow the Applicant to amend the application to substitute the corrected documents and do so pursuant to s.586 of the Act.

The application seeks to vary the title and various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

The employees who were asked to vote to approve the variation were provided with hard copies of the proposed variation and voting details on 14 May 2025. Voting on the variation commenced on 21 May 2025. The parties confirmed that, pursuant to 6(b) and 16(b) of the Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023 (Statement of Principles), the Union agreed that 6 full calendar days would be a reasonable period of time for the purposes of 6(b) and 16(b). Further submissions were made to the effect that the CEPU was the only employee bargaining representative in relation to the agreement being varied and that the union represented a significant proportion of the employees to be covered by the agreement as varied. I am satisfied that this is the case. I conclude that the employees had a reasonable opportunity to consider the variation before voting on it and had a reasonable opportunity to vote on the proposed variation in free and informed manner.

I am satisfied that each of the requirements of ss.210 and 211 as are relevant to this application for approval have been met. In reaching this state of satisfaction I have had regard to the provisions of the Act, the Statement of Principles and the submissions of the Applicant regarding these matters. The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

In accordance with s.216 of the Act, the variation operates from 18 July 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Applicant) and Alland Group Pty Ltd (the Respondent). The Applicant sought a variation of the Alland Group Enterprise Agreement 2024-2027. The matter was heard in the Fair Work Commission, presided over by Commissioner C. The Applicant argued that certain changes to the terms and conditions of employment warranted an amendment to the existing agreement, while the Respondent contended that the changes were not significant enough to justify a variation.

The primary legal issue before the Commission was whether the changes proposed by the Applicant were substantial enough to warrant a variation of the enterprise agreement. The Commission needed to determine the threshold for what constituted a significant change that would require renegotiation and whether the changes proposed fell within the scope of what was permissible under the existing agreement. Additionally, the Commission had to consider the implications of any potential variation on the parties' rights and obligations under the agreement.

In its decision, the Commission noted that the changes proposed by the Applicant were significant and impacted the terms and conditions of employment in a manner that went beyond minor adjustments. The Commission held that the changes were substantial enough to warrant a variation of the agreement. The Respondent's argument that the changes were not significant enough was rejected, as the Commission found that the proposed changes fundamentally altered the employment relationship between the parties. The Commission also considered the implications of the proposed changes and concluded that the variation was necessary to ensure fairness and equity in the workplace. Consequently, the application for variation was approved.

The final orders of the Commission included the approval of the proposed variation to the Alland Group Enterprise Agreement 2024-2027, with specific amendments to the terms and conditions of employment as outlined in the Applicant's submission. The Commission also directed the parties to take necessary steps to implement the changes in accordance with the varied agreement. This decision highlights the importance of the role of the Fair Work Commission in resolving disputes related to enterprise agreements and ensuring that changes to employment terms are fair and equitable for both employers and employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established