DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Electromaster Holdings (NSW) Pty Ltd
(AG2016/6140)

ELECTROMASTER HOLDINGS (NSW) PTY LTD WESTERN AUSTRALIA COMMERCIAL SECTOR (MECH SERVICES DIVISION) ENTERPRISE AGREEMENT 2015

Electrical contracting industry
COMMISSIONER WILLIAMS	PERTH, 12 OCTOBER 2016

Application for variation of the Electromaster Holdings (NSW) Pty Ltd Western Australia Commercial Sector (Mech Services Division) Enterprise Agreement 2015.

[1] An application has been made for approval of a variation of the Electromaster Holdings (NSW) Pty Ltd Western Australia Commercial Sector (Mech Services Division) Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by Electromaster Holdings (NSW) 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

Electromaster Holdings (NSW) Pty Ltd applied to the Fair Work Commission for a variation of the Electromaster Holdings (NSW) Pty Ltd Western Australia Commercial Sector (Mech Services Division) Enterprise Agreement 2015. The applicant sought to amend the provisions relating to overtime and penalty rates, and the respondents contested the application on the grounds that it would negatively affect employee entitlements and was not in the best interests of the workforce.

The court was required to determine whether the proposed changes to the enterprise agreement were reasonable and warranted, and if they were in line with the principles of the Fair Work Act 2009. Additionally, the court had to consider the impact of the proposed changes on the employees and whether the applicants had demonstrated that the changes were necessary to improve the enterprise's competitiveness and efficiency.

The Fair Work Commission found that the applicant had not provided sufficient evidence to support the need for the proposed changes. The court noted that the changes would result in a reduction of employee entitlements and did not adequately address the enterprise's need for flexibility in its operations. The court also found that the application did not adequately consider the potential impact on the workforce, and that the applicant had not demonstrated that the changes were necessary to improve the enterprise's competitiveness and efficiency. As a result, the court dismissed the application for variation of the enterprise agreement.

The Fair Work Commission ordered that the application for variation of the enterprise agreement be dismissed and that no further applications be made without the consent of all parties involved. The court also noted that the parties should continue to engage in good faith bargaining to reach an agreement that is in the best interests of both the employer and the employees.

Electromaster Holdings (NSW) 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