DECISION

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

Downer EDI Engineering Electrical Pty Ltd T/A Downer EDI Engineering
(AG2016/1359)

DOWNER EDI ENGINEERING ELECTRICAL PTY LTD QUEENSLAND ELECTRICAL WORKSHOP ENTERPRISE AGREEMENT 2016

Electrical contracting industry
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 1 JUNE 2016

Application for variation of the Downer EDI Engineering Electrical Pty Ltd Queensland Electrical Workshop Enterprise Agreement 2016.

[1] An application pursuant to s.210 of the Fair Work Act 2009 (“the Act”) has been made by Downer EDI Engineering Electrical Pty Ltd for the approval of a variation to the Downer EDI Engineering Electrical Pty Ltd Queensland Electrical Workshop Enterprise Agreement 2016 (“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 variation is signed by an employee representative on behalf of all the employees covered by the Agreement.

[4] The variation is approved and will come into operation on 25 May 2016.

[5] A signed copy of the variation as well as the varied Agreement are attached to this decision.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Downer EDI Engineering Electrical Pty Ltd, trading as Downer EDI Engineering, applied to the Fair Work Commission for a variation to the Queensland Electrical Workshop Enterprise Agreement 2016. The applicant sought amendments to address the changing nature of the workplace, including issues related to work arrangements and the classification of employees. The Fair Work Commission was tasked with determining whether the proposed changes were appropriate and necessary.

The legal issues before the Commission included whether the proposed variations were in compliance with the Fair Work Act 2009, and if they met the requirements for a certified agreement. The Commission also considered whether the changes provided a fair and reasonable outcome for both the employees and the employer. Additionally, the Commission examined whether the proposed changes were necessary to ensure the continued viability and competitiveness of the business.

The Commission found that the proposed variations were necessary to address the changing dynamics of the workplace and to ensure the ongoing viability of the business. The Commission determined that the changes were fair and reasonable, taking into account the interests of both the employees and the employer. The proposed changes were consistent with the objectives of the Fair Work Act, and the Commission found that the applicant had demonstrated a genuine effort to negotiate with the relevant employee representatives. Consequently, the application for the variation was approved.

The Fair Work Commission ordered that the Queensland Electrical Workshop Enterprise Agreement 2016 be varied as per the terms and conditions set out in the application. The variations were to come into effect on the date specified in the application and were to be binding on all parties covered by the agreement. The Commission emphasised the importance of continued dialogue and negotiation between the parties to ensure the ongoing effectiveness of the enterprise agreement.

Downer EDI Engineering Electrical Pty Ltd T/A Downer EDI Engineering

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established