DECISION

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

Flinders Operating Services Pty Ltd
(AG2015/6654)

FLINDERS OPERATING SERVICES PTY LTD AUGUSTA POWER STATIONS AND LEIGH CREEK COALFIELD TRADE AND GENERAL SKILLED EMPLOYEES ENTERPRISE AGREEMENT 2014

Electrical power industry
DEPUTY PRESIDENT BARTEL	ADELAIDE, 17 NOVEMBER 2015

Application for variation of the Flinders Operating Services Pty Ltd Augusta Power Stations and Leigh Creek Coalfield Trade and General Skilled Employees 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 Augusta Power Stations and Leigh Creek Coalfield Trade and Skilled Employees 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 Manufacturing Workers Union

The Construction, Forestry, Mining and Energy Union

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia – Electrical, Energy & Services Division, SA Branch

[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 Leigh Creek Coalfield and the Augusta Power Stations, 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 Augusta Power Stations and Leigh Creek Coalfield Trade and General Skilled Employees Enterprise Agreement 2014 (the Agreement). The application was made under section 210 of the Fair Work Act 2009, and it sought to include a new Annexure 5, which addresses the closure of various facilities operated by the employer, including the Leigh Creek Coalfield and the Augusta Power Stations, where the Agreement operates. The application was supported by several employee organisations covered by the Agreement, including the Australian Manufacturing Workers Union, the Construction, Forestry, Mining and Energy Union, and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia – Electrical, Energy & Services Division, SA Branch.

The primary legal issue before the Deputy President was whether the application met the requirements of sections 210 and 211 of the Fair Work Act 2009. These sections establish the criteria for approving a variation to an enterprise agreement, including that the variation is necessary to permit the employer and employees to adapt to changed circumstances, and that it does not adversely affect employees' general conditions of employment or entitlement to benefits. The Deputy President considered the application and accompanying declarations and was satisfied that all relevant criteria were met.

Upon reviewing the application and supporting documentation, the Deputy President concluded that the application met all the necessary criteria for approving the variation to the Agreement. The variation was approved and took effect from 4 November 2015. A consolidated version of the Agreement, as varied, was attached to the decision. This decision ensures that the variation is legally binding and enforceable under the Fair Work Act 2009.

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