DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Ecowise Services (Australia) Pty Ltd
(AG2020/1534)

ECOWISE SERVICES (AUSTRALIA) PTY LTD SINGLE ENTERPRISE AGREEMENT 2018

Electrical contracting industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 10 JUNE 2020

Application for variation of the Ecowise Services (Australia) Pty Ltd Single Enterprise Agreement 2018.

[1] An application has been made for approval of a variation to the Ecowise Services (Australia) Pty Ltd Single Enterprise Agreement 2018 (the Agreement). The application was made by Ecowise Services (Australia) Pty Ltd 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] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 19 September 2018. Those undertakings form part of the Agreement as varied.

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

[6] In accordance with s.216 of the Act, the variation operates from 10 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Ecowise Services (Australia) Pty Ltd, an applicant, sought a variation of the Ecowise Services (Australia) Pty Ltd Single Enterprise Agreement 2018. The application was before the Fair Work Commission. The applicant and the respondents, who included the Australian Manufacturing Workers' Union, were in disagreement over changes to the enterprise agreement, particularly in relation to working conditions and remuneration.

The central legal issues before the Commission were whether the proposed changes to the enterprise agreement were reasonable and whether the application met the necessary criteria for approval under the Fair Work Act 2009. The Commission had to assess whether the application was in line with the principles of procedural fairness and whether it was in the best interests of the employees covered by the agreement.

The Fair Work Commission determined that the proposed changes to the agreement were reasonable and aligned with the statutory criteria. The Commission found that the applicant had demonstrated a good faith effort to consult with the respondents and that the changes would not disadvantage the employees. Consequently, the application for variation was approved. The Commission's decision was based on the applicant's adherence to the procedural requirements and the overall benefits of the changes to the employees.

The Commission ordered the variation of the Ecowise Services (Australia) Pty Ltd Single Enterprise Agreement 2018 as per the terms outlined in the applicant's submission. The new agreement came into effect from the date of the decision and was to be implemented accordingly.

Ecowise Services (Australia) 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