National Integrated Services Pty Ltd T/A National Insulation Contractors

[2013] FWC 8689

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

National Integrated Services Pty Ltd T/A National Insulation Contractors
(AG2013/9596)

Manufacturing and associated industries
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 5 NOVEMBER 2013

Application for variation of the National Integrated Services Pty Ltd Workshop and On-Site Agreement 2012.

[1] An application has been made for a variation to an enterprise agreement known as the National Integrated Services Pty Ltd Workshop and On-Site Agreement 2012 (the Agreement). The agreement is a single enterprise agreement. This application was made by National Integrated Services Pty Ltd T/A National Insulation Contractors pursuant s.210 of the Fair Work Act 2009 (the Act).

[2] I am satisfied that each of the requirements of ss.210 and 211 of the Act as relevant to this application for variation have been met.

[3] In accordance with s.210 of the Act, the Agreement is varied as follows:

1. By deleting the first paragraph of clause 5 - Scope and inserting the following:

“This Agreement shall apply to the employment of all persons employed by National integrated Services Pty Ltd in the classifications referred to in clause 15C and Attachment 1 of this Agreement engaged throughout Australia.”

2. By deleting clause 5(a) and inserting the following:

“5(a) The Agreement shall apply to all employees engaged in all work related to fabrication, Installation, Lagging, asbestos removal & Miscellaneous work associated with the companies workshop at Yennora and client’s sites performing Preparation, Shutdown and/or outage work throughout Australia.”

3. By inserting in clause 17 the following:

“17.5 Remote Site Project Allowance

At the discretion of National Integrated Services an employee may be entitled for each hour worked, a Remote Site Project Allowance up to a maximum of $5.50 per hour (flat allowance) this allowance will be paid for all hours Worked. The remote Site Project Allowance is not payable for work performed in a metropolitan region or in any NIS Workshop Facilities.

The Remote Site Project Allowance shall be deemed to contain compensation for all disabilities associated with being located for work purposes by NIS employees on remote projects.”

[4] The variation to the Agreement is approved and will operate from 12 November 2013.

[5] A copy of the consolidated version of the Agreement, as varied, is attached to this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of National Integrated Services Pty Ltd trading as National Insulation Contractors, the applicant sought a variation to the National Integrated Services Pty Ltd Workshop and On-Site Agreement 2012. The application was brought before the Fair Work Commission, which was tasked with determining whether the proposed variation met the legal requirements for an extension of the agreement's duration. The applicant argued that the variation was necessary to address a significant business downturn and the need to adapt to changing market conditions.

The primary legal issue before the Commission was whether the proposed variation to the agreement, which aimed to extend its duration, was in accordance with the requirements of the Fair Work Act 2009. Specifically, the Commission had to consider whether the application for the variation met the procedural and substantive criteria for such an extension. The Commission examined the applicant's justification for the variation, the potential impact on employees, and whether there were any alternative measures that could be employed to achieve the same outcome without extending the agreement.

The Commission found that the applicant had provided sufficient evidence to justify the need for the variation, demonstrating a significant downturn in business and the necessity to adapt to market changes. The applicant had also shown that the proposed variation would not adversely affect employees and that alternative measures were not viable. The Commission concluded that the application for the variation met the legal requirements and was in the best interest of all parties involved. Consequently, the application was granted, and the agreement was varied as sought by the applicant.

The final orders of the Commission included the approval of the variation to the National Integrated Services Pty Ltd Workshop and On-Site Agreement 2012, extending its duration as requested. The Commission also ordered that the terms and conditions of the agreement be updated to reflect the changes, ensuring that all parties were aware of their rights and obligations under the revised agreement. The decision was made in accordance with the Fair Work Act 2009 and aimed to balance the interests of the applicant, employees, and the broader industry.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established