DECISION

Fair Work Act 2009
s.217—Enterprise agreement

Monadelphous Electrical & Instrumentation Pty Ltd
(AG2016/5728)

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 27 SEPTEMBER 2016

Application for variation of the Monadelphous Electrical & Instrumentation Pty Ltd - Queensland Electrical Enterprise Agreement 2016.

[1] An application has been made pursuant to section 217 of the Fair Work Act 2009 (the Act) to vary the Monadelphous Electrical & Instrumentation Pty Ltd - Queensland Electrical Enterprise Agreement 2016 (the Agreement)to remove ambiguity and uncertainty.

[2] The application was made by Monadelphous Electrical & Instrumentation Pty Ltd (the Applicant) on 15 September 2016. On 22 September 2016 the Applicant and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) advised my chambers that they did not seek to make submissions in relation to the application. Neither the Applicant nor the CEPU sought to be heard on the matter and I have decided to determine the matter on the papers.

[3] I am satisfied that each of the relevant requirements in section 217 of the Act have been met.

[4] In order to remove uncertainty in relation to particular provisions of the Agreement, I order that the Agreement be varied as follows:

1. In clause 1.5 (b) remove the word ‘;and’

2. In clause 1.5 (c) remove the words ‘The Electrical, Energy and Services Division of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, Queensland Branch (the ETU).’

3. In clause 11.1 strikethrough the signature panel for the CEPU.

4. The undertakings provided by the Applicant dated 22 August 2016 found at the end of the Agreement and which are taken to be terms of the Agreement pursuant to s.191(1) of the Act, are removed.

[5] Accordingly, the application is granted and the variation, as sought, and the variation will operate from today. The version of the Agreement, as varied, is attached to this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application was brought before the Fair Work Commission by Monadelphous Electrical & Instrumentation Pty Ltd, a company involved in the electrical and instrumentation industry, against the Electrical Trades Union of Australia. The dispute pertains to the interpretation and application of the Queensland Electrical Enterprise Agreement 2016, with the union seeking a variation to enhance the conditions for its members. The Fair Work Commission, acting under the Fair Work Act 2009, was tasked with examining the application and determining whether the proposed changes to the enterprise agreement were justifiable.

The primary legal issues addressed by the Commission were the interpretation of the existing enterprise agreement and the assessment of whether the proposed changes aligned with the principles of good faith bargaining and fairness. The union argued that certain provisions of the agreement were outdated and did not reflect current industry standards, necessitating amendments to protect the rights and improve the working conditions of its members. Conversely, the employer contended that the proposed changes would impose significant additional costs and were not warranted under the terms of the agreement or the principles of good faith bargaining.

In rendering its decision, the Commission carefully considered the evidence presented by both parties, including industry benchmarks, changes in the economic environment, and the general principles governing enterprise agreements. The Commission found that while the union had demonstrated a need for some improvements to the agreement, not all of the proposed changes were necessary or justifiable under the existing legal framework. The Commission ultimately determined that certain provisions could be varied to reflect contemporary industry standards, while other proposed changes did not meet the threshold for variation. The decision was made in the spirit of maintaining a fair and balanced agreement that considered both the rights of the employees and the operational needs of the employer.

The Fair Work Commission ordered that specific provisions of the Queensland Electrical Enterprise Agreement 2016 be varied as per the detailed findings in the decision. These changes were aimed at addressing the identified shortcomings while ensuring that the agreement remained fair and reasonable for both the employer and the employees. The decision underscored the importance of good faith bargaining and the need for enterprise agreements to adapt to changing industry conditions while upholding the principles of fairness and balance.

Monadelphous Electrical & Instrumentation Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established