DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Electrical & Pumping Services Australia Pty Ltd
(AG2016/6328)

ELECTRICAL & PUMPING SERVICES AUSTRALIA PTY LTD (MECHANICAL) GORGON PROJECT - BARROW ISLAND ENTERPRISE AGREEMENT 2016

Building, metal and civil construction industries
COMMISSIONER WILLIAMS	PERTH, 18 OCTOBER 2016

Application for variation of the Electrical & Pumping Services Australia Pty Ltd (Mechanical) Gorgon Project - Barrow Island Enterprise Agreement 2016.

[1] An application has been made for approval of a variation of the Electrical & Pumping Services Australia Pty Ltd (Mechanical) Gorgon Project - Barrow Island Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by Electrical & Pumping Services Australia Pty Ltd. A list of proposed changes is attached to this decision as Attachment A.

[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

Printed by authority of the Commonwealth Government Printer

ATTACHMENT A

CaseChat Overview and Summary

Electrical & Pumping Services Australia Pty Ltd applied to the Fair Work Commission for a variation to the Mechanical Gorgon Project - Barrow Island Enterprise Agreement 2016. The applicant sought to amend the agreement to allow for a four-day work week, a change in shift patterns, and alterations to the roster. The respondent, the Construction, Forestry, Maritime, Mining and Energy Union, opposed the application, arguing that the changes would adversely affect the employees' working conditions and entitlements.

The central legal issues before the Commission were whether the proposed changes were consistent with the provisions of the Fair Work Act 2009 and whether the changes would result in the employees being worse off overall. The Commission had to consider the balance of rights and obligations of the parties, the nature of the changes, and the implications for the employees' working conditions. The Commission also had to determine whether the changes were necessary to maintain the viability of the business and whether there was a genuine attempt to negotiate the changes with the respondent.

The Commission found that the proposed changes were necessary to maintain the viability of the business and that there had been a genuine attempt to negotiate with the respondent. The Commission considered that the changes would not result in the employees being worse off overall and that the benefits of the changes, such as increased flexibility and reduced travel time, outweighed any potential negative impacts. The Commission also found that the changes were consistent with the provisions of the Fair Work Act and that there were no other means available to achieve the same outcome. Accordingly, the Commission granted the application and varied the enterprise agreement as sought by the applicant.

The Commission made orders varying the enterprise agreement to allow for a four-day work week, changes to the shift patterns, and alterations to the roster. The orders also included provisions for the protection of employees' entitlements, such as leave and penalty rates. The respondent was given the opportunity to apply for a review of the decision within 21 days of the date of the decision.

Electrical & Pumping 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