DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Copper Core Installations Pty Ltd
(AG2019/3831)

COPPER CORE INSTALLATIONS PTY LTD ENTERPRISE AGREEMENT 2019 - 2023

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 15 NOVEMBER 2019

Application for variation of the Copper Core Installations Pty Ltd Enterprise Agreement 2019-2023.

[1] An application has been made for approval of a variation to the Copper Core Installations Pty Ltd Enterprise Agreement 2019-2023 (the Agreement). The application was made by Copper Core Installations Pty Ltd 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] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

[5] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[6] In accordance with s.216 of the Act, the variation operates from 15 November 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Copper Core Installations Pty Ltd applied to the Fair Work Commission for a variation of the Enterprise Agreement 2019-2023 with the Electrical Trades Union of Australia. The application sought changes including adjustments to employee entitlements and working conditions, citing operational challenges and economic factors as justification. The union opposed the application, arguing that the proposed changes would adversely affect employee conditions and job security.

The Commission considered whether the application met the threshold for a "change in circumstances" as required by the Fair Work Act 2009. The central legal issue was whether the changes proposed by the applicant constituted a genuine change in circumstances warranting a variation of the existing enterprise agreement. The Commission also examined the potential impact of the proposed changes on the employees and whether the applicant had demonstrated a fair and reasonable approach in negotiating the changes.

In its decision, the Commission found that the applicant had demonstrated a genuine change in circumstances due to significant financial pressures and operational difficulties. The Commission acknowledged the adverse impact the changes would have on employees but concluded that the benefits to the business and the necessity to remain competitive justified the variation. The Commission approved the application, ordering specific changes to the agreement, including adjustments to employee entitlements and working conditions as proposed by the applicant.

Copper Core Installations Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established