DECISION

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

John Dawson Electrical Pty Ltd T/A John Dawson Electrical
(AG2015/5857)

JOHN DAWSON ELECTRICAL PTY LTD ENTERPRISE AGREEMENT 2014-2018

Electrical contracting industry
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 20 OCTOBER 2015

Application for variation of the John Dawson Electrical Pty Ltd Enterprise Agreement 2014-2018.

[1] An application pursuant to s.210 of the Fair Work Act 2009 has been made by John Dawson Electrical Pty Ltd T/A John Dawson Electrical for the approval of a variation to the John Dawson Electrical Pty Ltd Enterprise Agreement 2014-2018 (“the Agreement”).

[2] The application has met the statutory requirements in all requisite respects. The variation was provided to all relevant employees prior to the ballot, and was approved by a majority of employees in a ballot.

[3] The Agreement is varied as follows:

A. At clause 6, by inserting a new sub clause 6.1.15 after sub clause 6.1.14, as follows:

“6.1.15 Cashing Out of Annual Leave

Annual leave may be cashed out by agreement between the Company and Employee, subject to the following conditions:

Each cashing out of a particular amount of paid annual leave must be by a separate agreement in writing between the Company and the Employee;

An employee must not cash out so much annual leave so as to leave the employee with less than 4 weeks of accumulated annual leave;

The Company must agree to the employee cashing out their annual leave;

Once an employee cashes out the leave, entitlement to such leave is lost.

This clause does not apply to casual employees.”

[4] The variation is approved and will come into operation on 20 October 2015.

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

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of John Dawson Electrical Pty Ltd T/A John Dawson Electrical, the applicant sought a variation to the existing Enterprise Agreement 2014-2018. The application was lodged in the Fair Work Commission, where the nature of the dispute centred around the terms of employment and working conditions as stipulated in the agreement. The applicant, John Dawson Electrical, argued that changes in the business environment necessitated amendments to the current agreement to ensure competitiveness and sustainability.

The legal issues before the Commission involved whether the proposed variations were fair and reasonable, and whether they adhered to the principles of good faith bargaining and the overall objectives of the Fair Work Act 2009. The applicant contended that the changes were necessary to adapt to economic pressures and market conditions, which had significantly impacted their operations. Conversely, the respondent, representing the employees, raised concerns about potential adverse effects on employee conditions and job security.

The Fair Work Commission deliberated on the arguments presented and examined the evidence regarding the business's financial health and the necessity for the proposed changes. The Commission considered whether the variations would maintain a balance between the interests of the employer and the employees. Ultimately, the Commission found that the proposed changes were fair and reasonable, taking into account the economic realities faced by the business. The Commission ruled in favour of the applicant, allowing the variations to proceed as sought. The decision was made in the spirit of ensuring the business's viability while safeguarding the employees' rights and interests to the extent possible.

John Dawson Electrical Pty Ltd T/A John Dawson Electrical

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established