DECISION

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

Flinders Operating Services Pty Ltd
(AG2015/6596)

FLINDERS OPERATING SERVICES PTY LTD ADELAIDE ENTERPRISE AGREEMENT 2014

Electrical power industry
DEPUTY PRESIDENT BARTEL	ADELAIDE, 16 NOVEMBER 2015

Application for variation of the Flinders Operating Services Pty Ltd Adelaide Enterprise Agreement 2014.

[1] An application has been made for approval of a variation to an enterprise agreement known as the Flinders Operating Services Pty Ltd Adelaide Enterprise Agreement 2014 (the Agreement). The agreement is a single enterprise agreement. This application was made by Flinders Operating Services Pty Ltd (the employer), pursuant to s.210 of the Fair Work Act 2009 (the Act).

[2] The following employee organisations which are covered by the Agreement support the application:

The Australian Municipal, Administrative, Clerical and Services Union

The Association of Professional Engineers, Scientists and Managers Australia

[3] The variation concerns the inclusion of a new Annexure 5 which deals with the closure of various facilities operated by the employer, including the Adelaide office where the Agreement operates.

[4] I have considered the application and accompanying declarations in support of the application and am satisfied that each of the requirements of ss.210 and 211 of the Act as relevant to this application for approval have been met.

[5] The variation to the Agreement is approved and will operate from 4 November 2015.

[6] A consolidated version of the Agreement, as varied, is attached to this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Flinders Operating Services Pty Ltd applied to the Fair Work Commission for approval of a variation to the Flinders Operating Services Pty Ltd Adelaide Enterprise Agreement 2014. The application was made under section 210 of the Fair Work Act 2009. The proposed variation concerned the inclusion of a new Annexure 5, which addressed the closure of various facilities operated by the employer, including the Adelaide office where the agreement operates. The Australian Municipal, Administrative, Clerical and Services Union and the Association of Professional Engineers, Scientists and Managers Australia, both covered by the Agreement, supported the application.

The court was required to decide whether the employer met the requirements of sections 210 and 211 of the Act in making the application for approval of the variation. The decision hinged on whether the application and accompanying declarations met the statutory requirements. The court also had to consider the implications of the variation on the employees and the employer.

The Deputy President of the Fair Work Commission, Bartel, reviewed the application and the supporting declarations. The Deputy President was satisfied that the application and declarations met the requirements of sections 210 and 211 of the Act. The Deputy President approved the variation to the Agreement, which would operate from 4 November 2015. A consolidated version of the Agreement, as varied, was attached to the decision.

In summary, the Fair Work Commission approved the variation to the Flinders Operating Services Pty Ltd Adelaide Enterprise Agreement 2014. The variation, which included a new Annexure 5 addressing the closure of various facilities operated by the employer, was approved under section 210 of the Fair Work Act 2009. The variation would operate from 4 November 2015, and a consolidated version of the Agreement, as varied, was attached to the decision.

Flinders Operating Services Pty Ltd

DECISION

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Legal Principle Established