DECISION

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

Flinders Operating Services Pty Ltd
(AG2015/6601)

FLINDERS OPERATING SERVICES PTY LTD LEIGH CREEK ENTERPRISE AGREEMENT 2014

Electrical power industry
DEPUTY PRESIDENT BARTEL	ADELAIDE, 16 NOVEMBER 2015

Application for variation of the Flinders Operating Services Pty Ltd Leigh Creek 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 Leigh Creek 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

The Construction, Forestry, Mining and Energy Union

The Transport Workers Union, SA & NT Branch

[3] The variation concerns the inclusion of a new Annexure 6 which deals with the closure of various facilities operated by the employer, including the Leigh Creek Mine 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 made an application to the Fair Work Commission for approval of a variation to the Flinders Operating Services Pty Ltd Leigh Creek Enterprise Agreement 2014. The application was brought under section 210 of the Fair Work Act 2009. The proposed variation included a new Annexure 6 which addressed the closure of facilities operated by the employer, including the Leigh Creek Mine. The application was supported by several employee organisations that are covered by the Agreement. The Deputy President considered the application and the accompanying declarations and was satisfied that all requirements under sections 210 and 211 of the Fair Work Act had been met.

The primary legal issue for determination was whether the proposed variation to the enterprise agreement met the statutory requirements for approval under the Fair Work Act. The Deputy President assessed the application against the criteria set out in the Act, including whether the variation would improve workplace efficiency, productivity or flexibility, and whether it would be in the interests of the employees covered by the agreement.

After reviewing the application and the supporting declarations, the Deputy President found that the proposed variation met the statutory criteria. The Deputy President approved the variation and determined that it would operate from 4 November 2015. A consolidated version of the Agreement, as varied, was attached to the decision. The Deputy President's decision was based on the evidence presented and the statutory requirements under the Fair Work Act.

In summary, the Fair Work Commission approved the variation to the Flinders Operating Services Pty Ltd Leigh Creek Enterprise Agreement 2014, which included a new Annexure 6 addressing the closure of facilities operated by the employer. The Deputy President found that the variation met the statutory requirements under the Fair Work Act and was in the interests of the employees covered by the agreement. The variation will operate from 4 November 2015.

Flinders Operating Services 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