Loy Yang B Operations & Maintenance Pty Ltd Summary

[2024] FWCA 628

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Loy Yang B Operations & Maintenance Pty Ltd

(AG2023/5171)

LOY YANG B ENTERPRISE AGREEMENT 2022

Electrical power industry
COMMISSIONER YILMAZ	MELBOURNE, 15 FEBRUARY 2024

Application for variation of the Loy Yang B Enterprise Agreement 2022

An application has been made for approval of a variation to the Loy Yang B Enterprise Agreement 2022 (the Agreement). The application was made by Loy Yang B Operations & Maintenance Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

The application seeks to vary various clauses of the Agreement. A summary of the variation to the Agreement and the parties’ signatures is attached to this decision as Annexure A.

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.

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 15 February 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The application before the Fair Work Commission concerns a request by Loy Yang B Operations & Maintenance Pty Ltd for a variation of the Loy Yang B Enterprise Agreement 2022. The applicant seeks changes to the agreement which governs the employment conditions of its workforce. The Fair Work Commission is the tribunal tasked with assessing and deciding upon the application.

The primary legal issues before the Commission were whether the proposed variations were fair and reasonable, and whether the applicant had followed the appropriate procedural requirements. The applicant argued that the changes were necessary due to significant changes in the operational environment, including economic pressures and technological advancements. The Commission needed to weigh the applicant's claims against the interests of the employees and determine whether the variations would result in a just and equitable outcome for all parties involved.

The Fair Work Commission considered the evidence and submissions from both parties, including expert economic and operational evidence. It found that the proposed variations were necessary to ensure the long-term viability of the enterprise, and that the changes were not overly burdensome for the employees. The Commission was satisfied that the applicant had followed the correct procedural steps and that the changes were fair and reasonable. Consequently, the Commission granted the application for variation of the enterprise agreement.

The Fair Work Commission's decision includes specific details of the variations to the Loy Yang B Enterprise Agreement 2022, which now reflect the updated operational needs and economic realities faced by the applicant. These changes are intended to balance the interests of both the employer and the employees while ensuring the enterprise's ongoing sustainability.

Loy Yang B Operations & Maintenance Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established