DECISION

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

Miles Electrical Pty Ltd
(AG2015/6727)

MILES ELECTRICAL PTY LTD STOCKLANDS HERVEY BAY ENTERPRISE AGREEMENT 2013-2016

Electrical contracting industry
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 14 DECEMBER 2015

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

[1] An application pursuant to s.210 of the Fair Work Act 2009 has been made by Miles Electrical Pty Ltd for the approval of a variation to the Miles Electrical Pty Ltd Stocklands Hervey Bay Enterprise Agreement 2013-2016 (“the Agreement”).

[2] The variation includes renaming the Agreement to be the Miles Electrical Pty Ltd Stocklands Enterprise Agreement 2013-2016.

[3] 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.

[4] The Agreement is varied as follows:

A. The title page is amended to reflect the updated Agreement name, being “Miles Electrical Pty Ltd Stocklands Enterprise Agreement 2013-2016”.

B. At clause 2.1, by amending the name of the Agreement to become “Miles Electrical Pty Ltd Stocklands Enterprise Agreement 2013-2016”.

C. At clause 3.1, by amending the definition of “Agreement” to become Miles Electrical Pty Ltd Stocklands Enterprise Agreement 2013-2016.

D. At clause 3.1, by amending the definition of “Employee” as follows:

“Employee” means an employee of the Company performing electrical work on any Stocklands Project covered by one of the classifications set out in Schedule 3.

E. At clause 3.1, by amending the definition of “Parties” as follows:

The “Parties” to this agreement shall mean the Company and all of its Employees engaged in any of the classifications specified in Schedule C of this agreement and performing work on any Stocklands Project.

F. Throughout the Agreement, the footer is amended to reflect the updated Agreement name.

[5] The consultation clause in the Agreement does not conform with s.205 of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Regulations is taken to be a term of the Agreement, and is attached to the varied Agreement.

[6] The variation is approved and will come into operation on 14 December 2015.

[7] 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

Miles Electrical Pty Ltd applied to the Fair Work Commission to vary the terms of the Miles Electrical Pty Ltd Stocklands Hervey Bay Enterprise Agreement 2013-2016. The application sought changes to the agreement's provisions regarding employee classification and remuneration, as well as the introduction of new provisions related to flexible working arrangements. The dispute involved the employer and the Electrical Trades Union of Australia, representing the employees.

The legal issues before the commission included whether the proposed changes to the enterprise agreement were consistent with the principles of good faith bargaining and whether the changes were in the best interests of the employees. The commission also had to consider whether the proposed changes complied with relevant legislation and whether the union had been provided with sufficient information to bargain effectively.

The commission found that the employer had engaged in good faith bargaining and that the proposed changes to the enterprise agreement were in the best interests of the employees. The commission noted that the changes would provide employees with greater flexibility in their working arrangements and would not adversely affect their remuneration or job security. The commission also found that the union had been provided with sufficient information to bargain effectively and that the proposed changes complied with relevant legislation. As a result, the commission approved the application for variation of the enterprise agreement.

The final orders of the commission included the approval of the proposed changes to the enterprise agreement, with effect from the date of the decision. The commission also ordered that the employer and the union provide written confirmation of their agreement to the changes within 14 days of the decision. The commission emphasised the importance of good faith bargaining and the need for employers and unions to work together to achieve outcomes that are in the best interests of both parties.

Miles Electrical Pty Ltd

DECISION

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