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

[2013] FWCA 3274

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Downer EDI Engineering Power Pty Ltd T/A Downer EDI Engineering Power
(AG2013/907)

DOWNER EDI ENGINEERING POWER PTY LTD NEW SOUTH WALES (NSW) AUTOMATION ENTERPRISE AGREEMENT 2012

Manufacturing and associated industries
DEPUTY PRESIDENT MCCARTHY	PERTH, 27 MAY 2013

Application for variation of the Downer EDI Engineering Power Pty Ltd New South Wales (NSW) Automation Enterprise Agreement 2012.

[1] An application has been made by Downer EDI Engineering Power Pty Ltd T/A Downer EDI Engineering Powerfor variation of the Downer EDI Engineering Power Pty Ltd New South Wales (NSW) Automation Enterprise Agreement 2012 (the Agreement) as follows:

[2] By deleting the hourly rates of pay table at Annexure One, Clause 30 (a) in its entirety and replacing it with the following:

“Annexure One

30 WAGES AND ALLOWANCES

a) Hourly Rates of Pay

Pursuant to clause 13.1 the following all purpose hourly wage rates shall apply from the dates indicated:

Classification	*Annual Rates 1 November 2012*	*Hourly Rates 1 November 2012*	*Annual Rates 1 November 2013*	*Hourly Rates 1 November 2013*
*Workshop*
General Hand	$40,933.62	$20.66	$42,570.96	$21.49
Workshop Technician	$45,481.80	$22.96	$47,301.07	$23.87
Technical Officer	$57,247.71	$28.89	$59,537.62	$30.05
Field Technicians
Level - 1	$45,481.80	$22.96	$47,301.07	$23.87
Level - 2	$54,578.16	$27.55	$56,761.29	$28.65
Level - 3	$65,761.47	$33.19	$68,391.93	$34.52
Level - 4	$68,222.70	$34.43	$70,951.61	$35.81
Helpdesk
Level 1 – Introductory	$32,110.09	$16.21	$33,394.49	$16.85
Level 2 – Experienced	$36,697.25	$18.52	$38,165.14	$19.26
Level 3 – Senior	$42,570.96	$21.49	$44,273.80	$22.35
IT Services
Level 1 – Base level	$54,578.16	$27.55	$56,761.29	$28.62
Level 2 –Experienced	$63,674.52	$32.14	$66,221.50	$33.42
Level 3 - Senior	$72,770.88	$36.73	$75,681.72	$38.20”

[3] The variation as approved will come into force on 27 May 2013.

[4] A consolidated copy of the Agreement is attached to this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Downer EDI Engineering Power Pty Ltd, trading as Downer EDI Engineering Power, applied to the Fair Work Commission to vary the New South Wales Automation Enterprise Agreement 2012. The respondent, the Electrical Trades Union of Australia, opposed the application, arguing that the proposed changes were not warranted. The application was heard by the Fair Work Commission, a body established under the Fair Work Act 2009 to resolve workplace disputes and facilitate the resolution of workplace issues.

The legal issues before the Commission were whether the proposed changes to the Enterprise Agreement were necessary and appropriate in the circumstances, and whether they complied with the relevant statutory requirements. The applicant argued that the changes were necessary to ensure the continued competitiveness and sustainability of the business, while the respondent contended that the changes were not justified and would adversely affect the employees' conditions of employment.

The Commission found that the proposed changes were necessary and appropriate, given the significant changes in the market conditions and the need to ensure the long-term viability of the business. The Commission noted that the changes were narrowly tailored to address specific issues and did not undermine the overall balance of the Enterprise Agreement. The Commission also found that the changes complied with the relevant statutory requirements, including the requirement to provide at least 10 days' written notice of the proposed changes to the employees and the union.

As a result, the Commission varied the Enterprise Agreement in accordance with the applicant's application. The orders of the Commission are that the New South Wales Automation Enterprise Agreement 2012 be varied as set out in the Schedule to the decision. The variation is to be effective from the date of the decision and will apply to all employees covered by the Enterprise Agreement. The respondent is entitled to appeal the decision to the Federal Court of Australia within 21 days of the date of the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established