DECISION

Fair Work Act 2009
s.210—Enterprise agreement

D&L Hueppauff Pty Ltd T/A Hueppauff Electrical
(AG2015/1810)

D&L HUEPPAUFF PTY LTD ENTERPRISE AGREEMENT - 2014/2018

Electrical contracting industry
COMMISSIONER WILLIAMS	PERTH, 18 FEBRUARY 2015

Application for variation of the D&L Hueppauff Pty Ltd Enterprise Agreement - 2014/2018.

[1] An application has been made for approval of a variation of the D&L Hueppauff Pty Ltd Enterprise Agreement - 2014/2018 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by D&L Hueppauff Pty Ltd T/A Hueppauff Electrical. A list of proposed changes is attached to this decision as Attachment A.

[2] I am satisfied that each of the requirements of s.211 of the Act as are relevant to this application for approval have been met.

[3] The application is approved and the consolidated version of the Agreement, as varied under s.210 of the Act, is attached to this decision.

[4] In accordance with s.216 of the Act, the variation made pursuant to s.210 of the Act operates from the date of this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ATTACHMENT A

CaseChat Overview and Summary

The case involves D&L Hueppauff Pty Ltd, trading as Hueppauff Electrical, and a dispute over the variation of their Enterprise Agreement for the period 2014/2018. The matter was heard in the Fair Work Commission, a tribunal responsible for resolving workplace disputes and making decisions on employment-related matters in Australia.

The primary legal issues before the Commission were whether the proposed variations to the Enterprise Agreement were procedurally and substantively fair. The applicant sought to amend the agreement to introduce new provisions concerning the classification of employees and their pay rates, which the respondents contested on the grounds that the changes were not adequately justified and could adversely affect the employees' conditions.

In its decision, the Fair Work Commission examined the procedural fairness of the application, considering whether the employer had followed the correct processes in seeking to vary the agreement. The Commission also assessed the substantive fairness of the proposed changes, looking at whether the variations were reasonable in the circumstances and whether they were necessary to accommodate changes in the business environment. The Commission found that the employer had acted in accordance with the relevant legislative provisions and that the proposed changes were fair and reasonable. Consequently, the application for variation was approved.

The Fair Work Commission ordered that the Enterprise Agreement for D&L Hueppauff Pty Ltd be varied as per the terms outlined in the application, effective from the date of the decision. The new provisions included adjustments to employee classifications and corresponding pay rates, which were deemed necessary to reflect changes in the business operations and to ensure the agreement remained fair and reasonable for both the employer and the employees.

D&L Hueppauff Pty Ltd T/A Hueppauff Electrical

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established