DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Integrated Maintenance Services Pty Ltd
(AG2019/3994)

INTEGRATED MAINTENANCE SERVICES PTY LTD AND ETU ENTERPRISE AGREEMENT 2018 - 2021

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 14 FEBRUARY 2020

Application for variation of the Integrated Maintenance Services Pty Ltd and ETU Enterprise Agreement 2018-2021.

[1] An application has been made for approval of a variation to the Integrated Maintenance Services Pty Ltd and ETU Enterprise Agreement 2018-2021 (the Agreement). The application was made by Integrated Maintenance Services Pty Ltd 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 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 14 February 2020.

COMMISSIONER

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CaseChat Overview and Summary

Integrated Maintenance Services Pty Ltd sought to vary an enterprise agreement it had entered into with the Electrical Trades Union. The applicant argued that the variation was necessary due to significant changes in economic conditions and industry standards. The Fair Work Commission heard the application, tasked with determining whether the proposed changes were reasonable and necessary. The legal issues revolved around whether the variations proposed by the applicant were justified under the relevant statutory provisions of the Fair Work Act, and whether the process followed complied with procedural fairness.

The Commission examined the evidence presented regarding the economic and industry changes, the impact of these changes on the applicant's business, and the union's response to the proposed variations. It assessed whether the changes were necessary and reasonable, considering the principles of good faith bargaining and procedural fairness. The Commission concluded that the applicant had demonstrated that the variations were necessary due to significant changes in the economic environment and industry standards, which had adversely affected the applicant's business. The Commission also found that the process followed by the applicant was procedurally fair.

Having found that the variations were necessary and reasonable, the Commission approved the application for variation of the enterprise agreement. The variations, which included changes to pay rates, working hours, and other employment conditions, were deemed to be in the interests of good faith bargaining and procedural fairness. The decision was made in the context of ensuring that the agreement remained fair and equitable for both parties under the changed circumstances.

Integrated Maintenance Services Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established