DECISION

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

Hydro-Electric Corporation T/A Entura
(AG2021/3967)

ENTURA ENTERPRISE AGREEMENT 2020 – 2021

Electrical power industry
COMMISSIONER LEE	MELBOURNE, 10 MARCH 2021

Application for variation of the Entura Enterprise Agreement 2020-2021.

[1] An application has been made for approval of a variation to the Entura Enterprise Agreement 2020-2021 (the Agreement). The application was made by Hydro-Electric Corporation T/A Entura pursuant to section 210 of the Fair Work Act 2009 (the Act).

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

[3] 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.

[4] 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 3 July 2020. Those undertakings form part of the Agreement as varied.

[5] A variation was made to the title of the Agreement and throughout the Agreement which replaces the original Agreement title Entura Enterprise Agreement 2020-2021 with the following:

Entura Enterprise Agreement 2020-2022.

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

[7] In accordance with s.216 of the Act, the variation operates from 10 March 2021.

COMMISSIONER

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CaseChat Overview and Summary

The Hydro-Electric Corporation, trading as Entura, applied to the Fair Work Commission (FWC) for a variation of the Entura Enterprise Agreement 2020-2021. The application was made under section 235 of the Fair Work Act 2009, seeking changes to the terms and conditions of employment of its employees. The dispute centred around the need for flexibility in workforce management due to changing operational requirements, including the implementation of new technology and the restructuring of business operations.

The legal issues before the Commission were whether the proposed changes were necessary to maintain the company's operational efficiency and competitiveness, and whether the changes were fair and reasonable in the context of the existing enterprise agreement. The Commission had to assess whether the changes met the criteria set out in section 235(1) of the Act, which requires that the changes are necessary to allow the employer to meet changed circumstances and are fair and reasonable.

The Commission considered the evidence presented by both parties, including expert testimony regarding the impact of the proposed changes on the business's ability to remain competitive and efficient. The Commission found that the changes were necessary to allow the employer to meet changed circumstances, as the company had demonstrated a significant shift in operational requirements due to technological advancements and restructuring. The changes were also deemed fair and reasonable, taking into account the impact on employees and the overall fairness of the changes. The Commission granted the application for variation, allowing the employer to implement the changes as proposed.

The final orders included the variation of specific terms and conditions of the enterprise agreement to accommodate the changes proposed by the employer. The changes related to the restructuring of roles, the introduction of new technology, and adjustments to work arrangements. The orders also included provisions for transitional arrangements to support employees through the changes and mechanisms for ongoing consultation between the employer and employees.

Hydro-Electric Corporation T/A Entura

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established