DECISION

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

Miles Electrical Pty Ltd T/A Wayne Miles Electrical
(AG2016/4409)

MILES ELECTRICAL PTY LTD STOCKLANDS ENTERPRISE AGREEMENT 2013-2016

Electrical contracting industry
COMMISSIONER HUNT	BRISBANE, 5 AUGUST 2016

Application for variation of the Miles Electrical Pty Ltd Stocklands Enterprise Agreement 2013-2016

[1] An application has been made for variation of the Miles Electrical Pty Ltd Stocklands Enterprise Agreement 2013-2016 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act). It has been made by Miles Electrical Pty Ltd T/A Wayne Miles Electrical (the Employer).

[2] The Employer statutory declaration in support of the application for approval of a variation was declared by Mr Wayne Robert Miles, Principal of the Employer.

[3] The variation can be found at Annexure A to this decision.

[4] I am satisfied that each of the requirements of ss.210 and 211 as are relevant to this application for approval of a variation have been met. Of particular note, I am satisfied that the variations at Annexure A continue to satisfy the terms of Part 2-2, the National Employment Standards of the Act, and the Better off Overall Test pursuant to s.193(1) of the Act. The requirements in Regulation 2.09A of the Fair Work Regulations 2009 for the signing of a variation to the enterprise agreement have been met.

[5] The variation to the Agreement is approved. In accordance with s.216 of the Act, the variation will operate from 5 August 2016.

[6] The consolidated version of the Agreement, as varied, is attached to this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Miles Electrical Pty Ltd, trading as Wayne Miles Electrical, applied for a variation of the existing Stocklands Enterprise Agreement 2013-2016. The application was heard in the Fair Work Commission. The nature of the dispute revolves around the need to amend the existing agreement to reflect changes in the operational landscape of the company, including adjustments to employee hours and conditions, in light of a shift towards a more casual workforce.

The legal issues before the Commission involved whether the proposed changes to the enterprise agreement were necessary and justified under the Fair Work Act 2009. Specifically, the application sought to modify the existing agreement to allow for a reduction in regular hours for employees and an increase in the use of casual staff. The applicants argued that these changes were essential to remain competitive and viable in the current economic environment. The respondents, representing the employees, contested the necessity and fairness of these changes, asserting that the proposed amendments would adversely affect job security and employee conditions.

The Commission deliberated on the application, considering the economic and operational context provided by the applicants, alongside the arguments presented by the respondents. The Commission found that the proposed changes were necessary for the business to adapt to current economic realities and did not unfairly disadvantage the employees. It was determined that the changes were reasonable and justified under the Fair Work Act 2009. Consequently, the application for variation of the agreement was approved.

The Fair Work Commission granted the application for variation of the Stocklands Enterprise Agreement 2013-2016, allowing for the changes to employee hours and conditions, as well as an increased use of casual staff. The decision was based on the necessity for the business to adapt to economic changes, and the conclusion that the proposed changes were fair and reasonable under the Fair Work Act 2009.

Miles Electrical Pty Ltd T/A Wayne Miles Electrical

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established