JCL Electrics Pty Ltd T/A JCL Electrics Pty Ltd Summary

[2023] FWCA 2773

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.210 - Application for approval of a variation of an enterprise agreement

JCL Electrics Pty Ltd T/A JCL Electrics Pty Ltd

(AG2023/2576)

JCL ELECTRICS PTY LTD SINGLE ENTERPRISE AGREEMENT 2022

Electrical contracting industry
COMMISSIONER YILMAZ	MELBOURNE, 30 AUGUST 2023

Application for variation of the JCL Electric's Pty Limited Single Enterprise Agreement 2022

An application has been made for approval of a variation to the JCL Electric’s Pty Limited Single Enterprise Agreement 2022 (the Agreement). The application was made by JCL Electrics Pty Ltd T/A JCL Electrics Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

The application seeks to vary a clause of the Agreement. A signed copy of the Agreement containing the variation was submitted to Commission. The variation changes clause 3.1 of the Agreement to read as follows:

This Agreement shall come into operation seven days following its approval by the FWC. The Agreement has a nominal expiry date of Sunday 30th June 2024.

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.

I observe that certain provisions of the Agreement concerning Abandonment of employment, Withholding NES entitlements on termination and Compassionate leave are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 5.7.2 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

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

In accordance with s.216 of the Act, the variation operates from 30 August 2023.

COMMISSIONER

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CaseChat Overview and Summary

The application was brought by JCL Electrics Pty Ltd T/A JCL Electrics Pty Ltd, seeking to vary its Single Enterprise Agreement 2022. The application was heard in the Fair Work Commission, which is responsible for resolving workplace disputes under the Fair Work Act 2009. The primary issue before the Commission was whether the proposed changes to the agreement were fair and reasonable, taking into account the need for flexibility and responsiveness to the current economic climate, as well as the interests of both the employer and employees.

The Commission considered various factors, including the economic context, the nature of the proposed changes, and the impact on both parties. It was noted that the proposed changes aimed to address operational efficiencies and financial sustainability for the employer, while also providing some protections and benefits to the employees. The Commission found that the changes were necessary to ensure the ongoing viability of the business and that the proposed terms were fair and reasonable, balancing the interests of both parties. It was also observed that the changes did not unduly disadvantage the employees and that there were provisions in place to protect their interests.

In light of the above, the Commission determined that the proposed changes to the Single Enterprise Agreement 2022 were fair and reasonable. It granted the application for variation, allowing the employer to implement the changes as outlined in the application. The decision provides clarity and certainty for both the employer and employees, ensuring that the agreement remains relevant and effective in the current economic environment.

JCL Electrics Pty Ltd T/A JCL Electrics Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established