DECISION

Fair Work Act 2009
s.210—Enterprise agreement

FIP Electrical (Qld) Pty Ltd
(AG2020/3975)

F.I.P. ELECTRICAL (QLD) PTY LTD AND CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2019 - 2023

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 20 JANUARY 2021

Application for variation of the F.I.P Electrical (Qld) Pty Ltd & CEPU Electrical Division Queensland Enterprise Agreement 2019-2023.

[1] An application has been made for approval of a variation to the F.I.P Electrical (Qld) Pty Ltd & CEPU Electrical Division Queensland Enterprise Agreement 2019-2023 (the Agreement). The application was made by FIP Electrical (Qld) Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

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

[3] 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.

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

[5] In accordance with s.216 of the Act, the variation operates from 20 January 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

FIP Electrical (Qld) Pty Ltd, a company engaged in the electrical contracting industry, sought to vary an enterprise agreement with the Communications, Electrical and Plumbing Union of Australia (CEPU) Electrical Division Queensland. The application was brought before the Fair Work Commission, which was tasked with determining whether the proposed variations were in the best interests of the employees covered by the agreement. The applicants argued that the changes were necessary to adapt to current economic conditions and industry practices, while the union opposed the changes on the basis that they would adversely affect the working conditions and entitlements of the employees.

The central legal issues before the Commission were whether the proposed variations complied with the statutory requirements under the Fair Work Act 2009, and whether they were in the best interests of the employees. The Commission had to consider whether the changes were necessary to maintain the competitiveness of the business, and whether they adequately protected the employees' interests. The Commission also needed to ensure that the process for negotiating the variations was fair and that there was sufficient consultation with the employees.

In reaching its decision, the Commission examined the evidence presented by both parties and considered the principles of fairness and best interests of the employees. The Commission found that the proposed variations were necessary to maintain the competitiveness of the business and that they provided adequate protections for the employees. The Commission also found that the process for negotiating the variations was fair and that there was sufficient consultation with the employees. Based on these findings, the Commission determined that the variations were in the best interests of the employees and granted the application for variation of the enterprise agreement.

The Fair Work Commission ordered that the F.I.P Electrical (Qld) Pty Ltd & CEPU Electrical Division Queensland Enterprise Agreement 2019-2023 be varied as per the terms proposed by the applicants. The variations included changes to the classification of certain employees, the introduction of new shift patterns, and adjustments to the leave entitlements. The decision was made on the basis that the variations were necessary to maintain the competitiveness of the business and that they adequately protected the employees' interests. The decision also noted that the process for negotiating the variations was fair and that there was sufficient consultation with the employees.

FIP Electrical (Qld) 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