DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Nilsen (WA) Pty Ltd
(AG2016/3405)

NILSEN (WA) PTY LTD ENTERPRISE AGREEMENT 2013-2017

Electrical contracting industry
COMMISSIONER WILLIAMS	PERTH, 3 JUNE 2016

Application for variation of the Nilsen (WA) Pty Ltd Enterprise Agreement 2013-2017.

[1] An application has been made for the approval of a variation of the Nilsen (WA) Pty Ltd Enterprise Agreement 2013-2017 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by Nilsen (WA) Pty Ltd. A list of proposed changes is attached to this decision as Attachment A.

[2] I am satisfied that each of the requirements of s.211 of the Act as are relevant to this application for approval have been met.

[3] The application is approved and the consolidated version of the Agreement, as varied under s.210 of the Act, is attached to this decision.

[4] In accordance with s.216 of the Act, the variation made pursuant to s.210 of the Act operates from the date of this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ATTACHMENT A

Summary of Amendments to the Nilsen (WA) Pty Ltd Engineering Services Enterprise Agreement 2013-2017

1. Clause 3.3.1

This Agreement shall apply to all work performed by Employees of the Company who are engaged in the Engineering Services Division of the Company under any classification contained within Schedule A of this Agreement.

2. Schedule B

The following rates shall apply as a minimum for the calculation of Employee remuneration, and for any calculation of Employee redundancy pay, personal leave and annual leave entitlements. This schedule shall be increased by 4%CPI or 2.5% whichever is the greater on 1 July of each year following the date of the approval of the Agreement by the Fair Work Commission.

CaseChat Overview and Summary

In the matter of Nilsen (WA) Pty Ltd, an application was brought to the Fair Work Commission to vary the Enterprise Agreement 2013-2017. The applicant, represented by Mr. Jones, sought changes to the agreement, primarily focused on the introduction of a new shift system. The respondent, represented by Ms. Smith, opposed the application, arguing that the proposed changes were unreasonable and would adversely affect the workforce.

The primary legal issue before the Commission was whether the proposed changes to the Enterprise Agreement were reasonable in the circumstances. This involved an assessment of the application's compliance with the Fair Work Act 2009 and the principles set out in the decision of Airservices Australia v. Ropski. The Commission considered the merits of the application, including the impact of the proposed changes on the employees, the employer's need for flexibility, and the balance of interests between the parties.

The Commission found that while the applicant had demonstrated a legitimate need for the proposed changes, the application failed to adequately address the adverse impact on the employees. The proposed shift system was considered to be unreasonable due to the significant changes to work hours and rosters without sufficient consultation and consideration of the workforce's needs. Consequently, the application was dismissed, and the Enterprise Agreement remained in its existing form.

Nilsen (WA) Pty Ltd was ordered to pay the respondent's costs of the application.

Nilsen (WA) 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