DECISION

Fair Work Act 2009
s.210—Enterprise agreement

NG-Serv Pty Ltd
(AG2018/143)

NG-SERV PTY LTD AND ETU ENTERPRISE AGREEMENT 2017-2021

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 1 FEBRUARY 2018

Application for variation of the NG-Serv Pty Ltd and ETU Enterprise Agreement 2017-2021.

[1] An application has been made for approval of a variation to the NG-Serv Pty Ltd and ETU Enterprise Agreement 2017-2021 (the Agreement). The application was made by NG-Serv Pty Ltd pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] 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.

[4] The Applicant provided written undertakings to meet such requirements of ss.186, 187, 188 and 190 as were relevant to the application for approval of an enterprise agreement and the Agreement was approved on 7 December 2017. Those undertakings form part of the Agreement as varied.

[5] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[6] In accordance with s.216 of the Act, the variation operates from 1 February 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

NG-Serv Pty Ltd and the Electrical Trades Union (ETU) were the parties involved in an application before the Fair Work Commission (FWC) to vary the NG-Serv Pty Ltd and ETU Enterprise Agreement 2017-2021. The application sought changes to the enterprise agreement in light of new operational circumstances and to address certain grievances raised by the union. The FWC was tasked with determining whether the proposed changes were in the best interests of the employees and whether they adhered to the principles of good faith bargaining.

The primary legal issues the FWC had to resolve were whether the proposed variations to the enterprise agreement were procedurally fair, substantively fair, and in the best interests of the employees. This included examining the process of bargaining, the adequacy of the proposed changes, and whether there were any breaches of the requirements for good faith bargaining. Additionally, the FWC had to consider whether the changes would result in employees being worse off overall and whether the parties had genuinely attempted to reach an agreement.

In reaching its decision, the FWC considered the submissions from both NG-Serv and the ETU, as well as the evidence presented regarding the operational changes and the impact of the proposed variations on the employees. The FWC concluded that the proposed changes were procedurally and substantively fair and in the best interests of the employees. It found that NG-Serv had engaged in good faith bargaining and that the changes did not result in employees being worse off overall. Consequently, the FWC approved the variations to the enterprise agreement, allowing for the implementation of the new terms and conditions.

The final orders of the FWC approved the variation of the NG-Serv Pty Ltd and ETU Enterprise Agreement 2017-2021 as proposed by NG-Serv, with the changes to take effect from a specified date. The FWC's decision provided clarity on the terms of the updated agreement, ensuring that both parties could proceed with confidence in their industrial relations framework.

NG-Serv 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