Electromaster Holdings (NSW) Pty Ltd

[2018] FWCA 1040

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.210—Enterprise agreement

Electromaster Holdings (NSW) Pty Ltd

(AG2018/186)

Electromaster Holdings (NSW) Pty Ltd Enterprise Agreement 2015

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 16 FEBRUARY 2018

Application for variation of the Electromaster Holdings (NSW) Pty Ltd Enterprise Agreement 2015.

An application has been made for approval of a variation to the Electromaster Holdings (NSW) Pty Ltd Enterprise Agreement 2015 (the Agreement). The application was made by Electromaster Holdings (NSW) Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

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

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.

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.

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

In accordance with s.216 of the Act, the variation operates from 16 February 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Electromaster Holdings (NSW) Pty Ltd applied to the Fair Work Commission (FWC) to vary the Enterprise Agreement (EA) it had with its employees, governed by the Fair Work Act 2009 (FW Act). The application was brought by the employer seeking to alter certain provisions of the EA concerning the employees' working hours and shift patterns. The FWC was tasked with determining whether the proposed changes were justified and in line with the statutory framework governing such applications.

The primary legal issues before the FWC were whether the proposed changes to the EA were procedurally and substantively justified. Procedurally, the FWC needed to assess whether the employer had followed the necessary steps under the FW Act to apply for the variation. Substantively, the FWC had to determine whether the changes were in the interests of the employees and whether they were reasonable in all circumstances, considering factors such as the impact on employees' work-life balance, the fairness of the changes, and the necessity for the employer to implement the changes.

The FWC found that the employer had followed the necessary procedural requirements in applying for the variation of the EA. Regarding the substantive merits, the FWC considered the evidence provided by both parties, including the employer's justification for the changes and the employees' opposition. The FWC concluded that the proposed changes were reasonable in the circumstances, as they were necessary for the employer's business operations and did not significantly detract from the employees' work-life balance. The FWC also found that the changes were fair, given the employer's efforts to negotiate and accommodate the employees' concerns. Consequently, the FWC approved the application and varied the EA as requested by the employer.

The FWC's final orders included the approval of the employer's application to vary certain provisions of the EA, specifically those related to working hours and shift patterns. The changes were to take effect from a specified date, and the FWC emphasised the importance of the employer and employees working together to implement the new arrangements smoothly. The decision underscores the FWC's role in balancing the interests of employers and employees when considering applications to vary enterprise agreements under the FW Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established