DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Dynamite Electrical Pty Ltd T/A Dynamite Electrical
(AG2019/2123)

DYNAMITE ELECTRICAL PTY LTD SYDNEY UNION ENTERPRISE AGREEMENT 2015

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 8 AUGUST 2019

Application for variation of the Dynamite Electrical Pty Ltd Sydney Union Enterprise Agreement 2015.

[1] An application has been made for approval of a variation to the Dynamite Electrical Pty Ltd Sydney Union Enterprise Agreement 2015 (the Agreement). The application was made by Dynamite Electrical Pty Ltd T/A Dynamite Electrical pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 was taken to be a term of the Agreement. The model term forms part of the Agreement as varied.

[6] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[7] In accordance with s.216 of the Act, the variation operates from 8 August 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Dynamite Electrical Pty Ltd T/A Dynamite Electrical, the dispute arose in the Fair Work Commission, where the applicant sought a variation to the Sydney Union Enterprise Agreement 2015. The applicant, Dynamite Electrical, sought amendments to the agreement to address issues of employee classification, remuneration, and other terms and conditions of employment. The respondent, the Electrical Trade Union of Australia, opposed the application, arguing that the proposed changes would adversely affect the employees' rights and conditions.

The legal issues before the commission included whether the proposed changes were reasonable in the circumstances, and whether the application met the statutory requirements for varying an enterprise agreement. The commission needed to determine if the application was made in good faith, whether the proposed changes were necessary to achieve a significant economic purpose, and if the changes would not adversely affect the employees' terms and conditions of employment. Furthermore, the commission had to consider if the proposed changes were consistent with the principles of the Fair Work Act 2009.

In examining these issues, the commission found that the applicant had demonstrated a significant economic purpose for the proposed changes, and that the changes would not result in an adverse effect on the employees' terms and conditions. The commission considered the evidence presented by both parties and concluded that the application was made in good faith and met the statutory requirements for varying the enterprise agreement. The commission further found that the proposed changes were reasonable and would not result in an adverse effect on the employees.

The Fair Work Commission varied the Sydney Union Enterprise Agreement 2015 as sought by the applicant. The variation included changes to the classification of employees, the rates of pay, and other terms and conditions of employment. The commission's decision was based on its finding that the application met the statutory requirements for varying an enterprise agreement and that the proposed changes were reasonable and would not result in an adverse effect on the employees.

Dynamite Electrical Pty Ltd T/A Dynamite Electrical

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established