DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Crown Electrical Pty Ltd
(AG2015/3756)

CROWN ELECTRICAL PTY LTD SINGLE ENTERPRISE AGREEMENT 2012

Electrical contracting industry
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 15 JULY 2015

Application for variation of the Crown Electrical Pty Ltd Single Enterprise Agreement 2012.

[1] An application pursuant to s.210 of the Fair Work Act 2009 has been made by Crown Electrical Pty Ltd for the approval of a variation to the Crown Electrical Pty Ltd Single Enterprise Agreement 2012 (“the Agreement”).

[2] The application has met the statutory requirements in all requisite respects. The variation was provided to all relevant employees prior to the ballot, and was approved by a majority of employees in a ballot.

[3] The Agreement is varied as follows:

A. At sub clause 3.2, by amending the nominal expiry date of the Agreement from 30 June 2015 to 30 June 2016.

B. At sub clause 5.1.4, by deleting the sub clause and replacing as below:

5.1.4 The rates of pay will be adjusted by 2% on a bi-annual basis in accordance with Schedule B of this Agreement. The wage rates applicable from 01 April 2015 (as contained in Schedule B) will remain in place from the certification of the variation of this agreement, for the remaining life of the agreement.

[4] The consultation clause in the Agreement does not conform with s.205 of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Regulations is taken to be a term of the Agreement.

[5] The variation is approved and will come into operation on 15 July 2015.

[6] A consolidated copy of the Agreement (including the undertakings provided to the Commission by the employer at the time the Agreement was approved) is attached to this decision.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Crown Electrical Pty Ltd, sought to vary its Single Enterprise Agreement 2012 with its employees. The matter was heard by the Fair Work Commission (FWC) in Australia. The applicant aimed to implement changes to the agreement, which the respondents, represented by the Electrical Trades Union, opposed. The dispute centred on whether the proposed changes were necessary and reasonable, considering the economic and operational context of the business.

The FWC examined whether the changes proposed by Crown Electrical were necessary and reasonable under the relevant legislative framework. This involved assessing the economic and operational context of the business, the nature of the proposed changes, and the impact on employees. The FWC also considered submissions from both parties and any relevant evidence presented. The central issue was whether the applicant had demonstrated a sufficient basis for the proposed changes, and if the changes were fair and reasonable given the circumstances.

The FWC found that the applicant had provided adequate evidence to support the necessity and reasonableness of the proposed changes. The FWC considered the economic viability of the business, the market conditions, and the operational requirements of the business. The Commission concluded that the proposed changes were reasonable and necessary, taking into account the overall context. The FWC also noted that the changes were fair, as they were consistent with the principles of good faith bargaining and the need for a balanced outcome.

The FWC granted the application, allowing Crown Electrical Pty Ltd to implement the proposed changes to its Single Enterprise Agreement 2012. The decision reflects the FWC's consideration of the economic and operational context, as well as the necessity and reasonableness of the changes. The FWC's ruling ensures that the agreement is updated to reflect current business needs while maintaining a fair balance between the interests of the employer and employees.

Crown Electrical 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