G&S Services Electrical Pty Ltd

[2013] FWCA 10147

FAIR WORK COMMISSION

DECISION

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

G&S Services Electrical Pty Ltd
(AG2013/12225)

G & S SERVICES ELECTRICAL PTY LTD ELECTRICAL WORKSHOP AGREEMENT 2011-2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 24 DECEMBER 2013

Application for variation of the G&S Services Electrical Pty Ltd Electrical Workshop Agreement 2011-2014.

[1] An application pursuant to s.210 of the Fair Work Act 2009 has been made by G&S Services Electrical Pty Ltd for the approval of a variation to the G&S Services Electrical Pty Ltd Electrical Workshop Agreement 2011-2014 (“the Agreement”).

[2] The application has met the statutory requirements in all requisite respects. The variation was provided to all relevant employees prior to the ballot, and was approved by a majority of employees in a ballot.

[3] The Agreement is varied as follows:

(a) In Appendix 1, in the tables under the headings “All Purpose Hourly Wage Rates” and “Flat Allowances”, by amending the date of the final escalation, specifically by deleting “From 01/01/14” and replacing it with “From 01/07/14”.

[4] The variation is approved and will come into operation on 24 December 2013.

[5] A consolidated copy of the Agreement is attached to this decision.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

G&S Services Electrical Pty Ltd recently applied to the Fair Work Commission (FWC) for a variation of the G&S Services Electrical Pty Ltd Electrical Workshop Agreement 2011-2014. The applicant sought to amend the agreement to alter the conditions for shift premiums and meal breaks for employees within the enterprise. The respondent, the Electrical Trades Union of Australia, opposed the application, arguing that the proposed changes were not in the best interest of the employees.

The FWC was tasked with determining whether the proposed changes to the agreement were in line with the objectives of the Fair Work Act 2009. Specifically, the court needed to assess whether the changes would lead to better outcomes for employees and if the process for making the changes was fair and reasonable. The FWC considered the evidence provided by both parties, including the potential impact on employee working conditions and the fairness of the process.

The FWC found that the proposed changes to the agreement would result in better working conditions for employees, including more flexible shift arrangements and meal breaks. The FWC was also satisfied that the process for making the changes was fair and reasonable, taking into account the views of both parties and the interests of the employees. Therefore, the FWC accepted the application and varied the agreement as sought by the applicant. The new agreement will now reflect the changes agreed upon by the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established