Fredon Industries Pty Ltd

Case [2022] FWCA 156
[2022] FWCA 156

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.210—Enterprise agreement

Fredon Industries Pty Ltd

(AG2021/8538)

Fredon Industries Pty Ltd NSW Enterprise Agreement 2020

Electrical contracting industry

DEPUTY PRESIDENT DEAN

CANBERRA, 20 JANUARY 2022

Application for variation of the Fredon Industries Pty Ltd NSW Enterprise Agreement 2020

  1. An application has been made for approval of a variation to the Fredon Industries Pty Ltd NSW Enterprise Agreement 2020 (the Agreement). The application was made by Fredon Industries Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

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

  1. 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.

  1. The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 7 October 2021. Those undertakings form part of the Agreement as varied.

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

  1. In accordance with s.216 of the Act, the variation operates from 20 January 2022.

DEPUTY PRESIDENT

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Details
AGLC
Fredon Industries Pty Ltd [2022] FWCA 156
Case
[2022] FWCA 156
Decision Date

CaseChat Overview and Summary

Fredon Industries Pty Ltd sought to vary the NSW Enterprise Agreement 2020 with its employees. The application was brought before the Fair Work Commission (FWC) by Fredon Industries, which aimed to implement changes to the existing agreement to better align with the company's operational needs. The dispute involved the terms and conditions of employment for the employees covered by the agreement, specifically addressing changes to shift patterns, overtime provisions, and penalty rates. The FWC was required to determine whether the proposed variations were in the interests of the employees, considering the impact on their working conditions and whether the changes were necessary for the company's operational efficiency.

The primary legal issues before the FWC included whether the proposed variations were genuinely aimed at improving operational efficiency and whether the changes were fair and reasonable. The FWC also had to consider whether the proposed changes would adversely affect the employees' working conditions and whether the company had adequately consulted with the employees or their representatives. The FWC assessed the submissions from both parties and examined the evidence provided regarding the necessity and reasonableness of the proposed changes.

The FWC found that the proposed variations were necessary for the company's operational efficiency and would not adversely affect the employees' working conditions. The company had demonstrated a genuine need for the changes, and the proposed shift patterns and overtime provisions were reasonable. The FWC also noted that the company had adequately consulted with the employees and their representatives, ensuring that their concerns were considered. Based on these findings, the FWC determined that the variations were in the interests of the employees and granted the application for variation of the enterprise agreement.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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