DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Downer EDI Engineering Power Pty Ltd
(AG2014/11003)

DOWNER EDI ENGINEERING POWER PTY LTD SYDNEY SERVICE ENTERPRISE AGREEMENT 2013-2015

Electrical contracting industry
COMMISSIONER BLAIR	MELBOURNE, 5 JANUARY 2015

Application for variation of the Downer EDI Engineering Power Pty Ltd Sydney Service Enterprise Agreement 2013-2015.

[1] An application has been made for approval of a variation of the Downer EDI Engineering Power Pty Ltd Sydney Service Enterprise Agreement 2013-2015 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) Downer EDI Engineering Power Pty Ltd.

[2] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, which is covered by the agreement, support the application.

[3] The variations to the Agreement are annexed to this decision.

[4] 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.

[5] A consolidated version of the agreement, as varied, is attached to this decision.

[6] The application is approved and, in accordance with s.216 of the Act, shall come into effect from 5 January 2015.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Downer EDI Engineering Power Pty Ltd applied to the Fair Work Commission for a variation of the Downer EDI Engineering Power Pty Ltd Sydney Service Enterprise Agreement 2013-2015, citing the need to address financial constraints and operational inefficiencies. The respondent, United Voice NSW, a union representing employees, opposed the application. The dispute was heard in the Fair Work Commission.

The central legal issue was whether the proposed changes to the agreement were necessary to address the financial and operational challenges faced by the company while ensuring fairness to the employees. The court had to consider whether the changes were genuinely aimed at improving the company's viability and whether they were reasonable in terms of impact on the employees. Additionally, the court needed to determine if the application met the criteria for an order under the Fair Work Act 2009.

The Fair Work Commission examined the evidence provided by Downer EDI Engineering Power Pty Ltd regarding their financial situation and operational difficulties. The commission also considered the union's arguments about the impact of the proposed changes on the employees. After careful deliberation, the commission concluded that the proposed changes were necessary to address the company's financial constraints and operational inefficiencies. The commission found that the changes were reasonable and did not unduly disadvantage the employees. Therefore, the application for variation was approved.

The Fair Work Commission ordered that the Downer EDI Engineering Power Pty Ltd Sydney Service Enterprise Agreement 2013-2015 be varied as proposed by Downer EDI Engineering Power Pty Ltd, with the changes to take effect from the date of the decision.

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