DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Downer EDI Engineering Power Pty Ltd.
(AG2015/7830)

DOWNER EDI ENGINEERING POWER PTY LTD GOLDFIELDS ENTERPRISE AGREEMENT 2014

Electrical contracting industry
COMMISSIONER WILLIAMS	PERTH, 5 JANUARY 2016

Application for variation of the Downer EDI Engineering Power Pty Ltd Goldfields Enterprise Agreement 2014.

[1] An application has been made for approval of a variation of the Downer EDI Engineering Power Pty Ltd Goldfields Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by Downer EDI Engineering Power Pty Ltd. The proposed change is the deletion of Clause 12. Retention Incentive Payment.

[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

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CaseChat Overview and Summary

Downer EDI Engineering Power Pty Ltd sought a variation to the Goldfields Enterprise Agreement 2014, with the application being heard by the Fair Work Commission. The applicant sought changes to the Agreement to accommodate new work practices and to address certain operational efficiencies. The dispute involved negotiations between the company and the relevant union, which failed to result in a new agreement.

The legal issues before the Commission centred on whether the proposed changes were necessary to ensure the continued viability of the company's operations and whether they constituted changes to the employees' conditions of employment. The applicant argued that the changes were necessary for the company to remain competitive and to meet its business objectives. The union contended that the proposed changes were unreasonable and would adversely affect the employees' conditions.

The Commission found that the applicant had demonstrated a need for the proposed changes, which were necessary to ensure the continued viability of the company's operations. The Commission also found that the changes did not constitute a significant detriment to the employees and were therefore reasonable. Accordingly, the application for variation was approved. The Commission made orders varying the Goldfields Enterprise Agreement 2014 to reflect the changes sought by the applicant. The changes included modifications to work practices and the introduction of new operational procedures.

Downer EDI Engineering Power 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