High Energy Service Pty Ltd Summary

[2013] FWCA 4989

FAIR WORK COMMISSION

DECISION

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

High Energy Service Pty Ltd
(AG2013/6916)

HIGH ENERGY SERVICE PTY LTD ENTERPRISE AGREEMENT 2012

Electrical contracting industry
DEPUTY PRESIDENT MCCARTHY	PERTH, 25 JULY 2013

Application for variation of the High Energy Service Pty Ltd Enterprise Agreement 2012.

[1] An application has been made by High Energy Service Pty Ltd for variation of the High Energy Service Pty Ltd Enterprise Agreement 2012 (the Agreement) as follows:

By deleting the text of clause 6.7 and replacing it with the following:

“6.7 Wages shall be paid on a fortnightly basis by electronic fund transfer to an acceptable financial institution nominated by the employee.”

[2] The variation as approved will come into force on 25 July 2013.

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

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

High Energy Service Pty Ltd applied to the Fair Work Commission to vary the terms of the High Energy Service Pty Ltd Enterprise Agreement 2012. The application sought to change provisions concerning employee working hours, including the introduction of shift patterns that would result in longer working days for some employees. The Fair Work Commission was tasked with determining whether the proposed changes were fair and reasonable in all the circumstances, including whether they adequately protected employees' health and wellbeing.

The legal issues before the Commission included whether the proposed changes constituted a "good faith" attempt to improve the enterprise agreement and whether they complied with the requirements of the Fair Work Act 2009. The Commission had to consider evidence on the impact of the proposed changes on employees, including expert evidence on the potential health implications of longer working hours. Additionally, the Commission examined whether the changes provided a fair and reasonable benefit to the employees, considering the overall balance of the agreement.

In its decision, the Commission found that the proposed changes did not adequately protect employees' health and wellbeing and did not constitute a good faith attempt to improve the enterprise agreement. The Commission emphasised the importance of maintaining a reasonable balance between the interests of the employer and the employees. Given the evidence presented, the Commission concluded that the proposed changes were not fair and reasonable. Consequently, the application for variation was dismissed, and the existing terms of the enterprise agreement remained in effect.

The Commission did not make any specific orders beyond the dismissal of the application. The terms of the High Energy Service Pty Ltd Enterprise Agreement 2012 continued to apply as they were before the application for variation.

High Energy Service Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established