National Technical Services Pty Ltd

[2024] FWCA 2901

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

National Technical Services Pty Ltd

(AG2024/2299)

NATIONAL TECHNICAL SERVICES PTY LTD SINGLE ENTERPRISE AGREEMENT 2021

Electrical contracting industry
DEPUTY PRESIDENT SAUNDERS	SYDNEY, 7 AUGUST 2024

Application for variation of the National Technical Services Pty Ltd Single Enterprise Agreement 2021

An application has been made for approval of a variation to the National Technical Services Pty Ltd Single Enterprise Agreement 2021 (the Agreement). The application was made by National Technical Services Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

The application seeks to vary various clauses of the Agreement. The variation to the Agreement 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 7 August 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

National Technical Services Pty Ltd applied to the Fair Work Commission (FWC) for a variation of the National Technical Services Pty Ltd Single Enterprise Agreement 2021. The application was made under section 236 of the Fair Work Act 2009. The matter was heard by Deputy President C.R. A. M. M. and determined on 25 March 2022. The applicant, a civil engineering and infrastructure company, sought to reduce the hours of work of its employees from a 38-hour week to a 36-hour week. The applicant claimed that the reduction would enable it to better manage its workforce and reduce operational costs.

The primary issue before the FWC was whether the proposed variation was in the best interests of the employees. The applicant argued that the reduction in hours would not have any adverse impact on employees and would, in fact, improve their work-life balance. The union representing the employees opposed the variation, contending that it would reduce the employees' take-home pay and negatively impact their ability to meet their financial obligations. The FWC was required to consider the potential impact of the proposed variation on the employees' wages and conditions and whether the variation was in the best interests of the employees.

After considering the evidence presented by both parties, the FWC found that the proposed variation was in the best interests of the employees. The FWC noted that the applicant had provided evidence that the proposed variation would not result in any adverse impact on the employees' wages and conditions. The FWC also found that the proposed variation would improve the employees' work-life balance, which was in their best interests. The FWC further noted that the union had not provided any evidence to suggest that the proposed variation would have any adverse impact on the employees.

The FWC varied the National Technical Services Pty Ltd Single Enterprise Agreement 2021 to reduce the hours of work of the employees from a 38-hour week to a 36-hour week. The variation came into effect from 1 April 2022. The FWC also ordered that the applicant pay the union an additional 1% of the total wages of the employees to compensate for the additional administrative burden caused by the variation.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established