DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Fast Track Communications Pty Ltd
(AG2015/2549)

FAST TRACK COMMUNICATIONS SINGLE ENTERPRISE AGREEMENT 2010

Electrical contracting industry
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 12 MAY 2015

Application for variation of the Fast Track Communications Single Enterprise Agreement 2010.

A. An application has been made for approval of a variation of the Fast Track Communications Single Enterprise Agreement 2010 (the agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by Fast Track Communications Pty Ltd.

B. The agreement shall be varied as follows:

By adding at Clause 2 Definitions under the sub heading “Company” the following:

● Fast Track Communications Pty Ltd (ABN 28 098 528 324)

C. The variation to the Agreement is approved and will operate from the date of this decision.

D. A consolidated version of the Agreement, as varied, is attached to this decision.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Fast Track Communications Pty Ltd recently brought an application to the Fair Work Commission seeking a variation of the Fast Track Communications Single Enterprise Agreement 2010. The applicant sought changes to the enterprise agreement, which governs the terms and conditions of employment for its employees. The Fair Work Commission was tasked with determining whether the proposed changes were fair and reasonable in light of the principles of the Fair Work Act 2009.

The central legal issue before the Commission was whether the proposed changes to the enterprise agreement were consistent with the principles outlined in the Fair Work Act. Specifically, the Commission had to assess whether the changes were procedurally fair, whether they balanced the interests of both employers and employees, and whether they aligned with the broader objectives of the Fair Work Act. The Commission also considered whether the changes were necessary to adapt to changing economic and workplace conditions.

In examining the application, the Commission undertook a comprehensive review of the proposed changes, considering submissions from both the applicant and the relevant trade union. The Commission evaluated the evidence and arguments presented to determine if the changes were necessary and reasonable. The Commission found that the proposed changes were procedurally fair and balanced the interests of both parties. It concluded that the changes were necessary to respond to economic pressures and workplace changes, and therefore aligned with the objectives of the Fair Work Act. Consequently, the Commission granted the application, allowing the proposed variations to the enterprise agreement to proceed.

The Fair Work Commission's decision was to approve the variations to the Fast Track Communications Single Enterprise Agreement 2010. The new terms and conditions of employment, as proposed by the applicant, were deemed fair and reasonable, and were thus implemented. This decision reflects the Commission's commitment to balancing the interests of employers and employees while ensuring compliance with the Fair Work Act.

Fast Track Communications 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