DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Inmarsat Solutions B.V.
(AG2020/2073)

INMARSAT LAND EARTH STATION ENTERPRISE AGREEMENT 2018

Telecommunications services
DEPUTY PRESIDENT MILLHOUSE	MELBOURNE, 19 AUGUST 2020

Application for variation of the Inmarsat Land Earth Station Enterprise Agreement 2018.

[1] An application has been made for approval of a variation to the Inmarsat Land Earth Station Enterprise Agreement 2018 (Agreement). The application was made by Inmarsat Solutions B.V. pursuant to s.210 of the Fair Work Act 2009 (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 variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[5] In accordance with s.216 of the Act, the variation operates from 19 August 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Inmarsat Solutions B.V., sought a variation of the Inmarsat Land Earth Station Enterprise Agreement 2018. The matter was heard in the Fair Work Commission. The applicant sought to modify the agreement to allow for changes in the work arrangements of its employees, including alterations to hours of work, shift patterns, and the introduction of flexible work arrangements. The respondent, the Communications, Electrical, and Plumbing Union of Australia, opposed the application, arguing that the proposed changes were unreasonable and would adversely affect the employees' conditions.

The legal issues before the Commission were whether the applicant had demonstrated that the proposed changes were necessary and reasonable, and whether the changes would result in a detrimental impact on the employees' conditions. The Commission considered the nature of the applicant's business, the need for flexibility in work arrangements to remain competitive, and the impact of the changes on the employees. The Commission also took into account the employees' right to be consulted and the need for any changes to be negotiated in good faith.

After considering the evidence and arguments presented by both parties, the Commission found that the applicant had demonstrated that the proposed changes were necessary and reasonable. The changes would enable the applicant to remain competitive in the market and adapt to changing circumstances, while also providing flexibility for employees. The Commission also found that the changes would not result in a detrimental impact on the employees' conditions, as appropriate safeguards and protections were in place. Accordingly, the application was approved, and the agreement was varied as sought by the applicant.

The Commission made an order varying the Inmarsat Land Earth Station Enterprise Agreement 2018 in accordance with the terms of the application. The order was effective from the date of the decision and applied to all employees covered by the agreement. The respondent was directed to take all necessary steps to give effect to the order. The applicant was also directed to provide written notice of the variation to all affected employees within a specified period.

Inmarsat Solutions B.V.

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established