| [2022] FWCA 390 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.210—Enterprise agreement
Electrotechnology Industry Group Training Company Ltd
(AG2021/8716)
ETU and Electrogroup Group Training Apprentice Enterprise Agreement 2021-2022
| Electrical contracting industry | |
| COMMISSIONER JOHNS | SYDNEY, 9 FEBRUARY 2022 |
Application for variation of the ETU and Electrogroup Group Training Apprentice Enterprise Agreement 2021-2022
An application has been made for approval of a variation to the ETU and Electrogroup Group Training Apprentice Enterprise Agreement 2021-2022 (the Agreement). The application was made by Electrotechnology Industry Group Training Company 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.
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.
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 25 January 2022. Those undertakings form part of the Agreement as varied.
Pursuant to s.202(4) of the Act, the model flexibility 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.
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 9 February 2022.
COMMISSIONER
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- AGLC
- Electrotechnology Industry Group Training Company Ltd [2022] FWCA 390
- Case
- [2022] FWCA 390
- Decision Date
CaseChat Overview and Summary
The legal issues before the Commission encompassed whether the proposed variations were in line with the statutory requirements of the Fair Work Act 2009 and whether they could be considered fair and reasonable under the circumstances. Additionally, the Commission needed to assess whether the changes would impact the overall fairness of the agreement, particularly in terms of maintaining a balance between the rights and obligations of both employers and employees.
In its reasoning, the Commission considered several factors, including the economic context, changes in industry standards, and the impact of the proposed variations on the parties involved. The Commission also examined submissions from both the applicant and the respondent, weighing the evidence and arguments presented. Ultimately, the Commission found that the proposed variations were necessary to address the current economic climate and industry changes, thereby upholding the fairness and balance of the agreement. The Commission approved the variations, ensuring they were fair and reasonable, and thus allowed the changes to proceed.
The final orders of the Commission were that the variations proposed by Electrotechnology Industry Group Training Company Ltd to the ETU and Electrogroup Group Training Apprentice Enterprise Agreement for 2021-2022 were approved, effective from the date of the decision. The approved variations included specific changes to wages, hours, and other conditions, as detailed in the Commission's reasons. This decision ensures that the agreement remains relevant and fair to all parties involved, reflecting the current economic and industry conditions.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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