DECISION

Fair Work Act 2009
s.210—Enterprise agreement

OAS Data Cabling Pty Ltd
(AG2017/4758)

OAS DATA CABLING PTY LTD COLLECTIVE AGREEMENT 2016

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 1 DECEMBER 2017

Application for variation of the OAS Data Cabling Pty Ltd Collective Agreement 2016.

[1] An application has been made for approval of a variation to the OAS Data Cabling Pty Ltd Collective Agreement 2016 (the Agreement). The application was made by OAS Data Cabling 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 has provided written undertakings. A copy of the undertakings is attached in Annexure B. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[5] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

[6] 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 5 September 2016. Those undertakings form part of the Agreement as varied.

[7] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 was taken to be a term of the Agreement. The model term forms part of the Agreement as varied.

[8] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 was taken to be a term of the Agreement. The model term forms part of the Agreement as varied.

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

[10] In accordance with s.216 of the Act, the variation operates from 1 December 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

OAS Data Cabling Pty Ltd applied to the Fair Work Commission for a variation of the OAS Data Cabling Pty Ltd Collective Agreement 2016. The application was made by the company, seeking to amend the agreement to reduce the number of breaks for employees and adjust the penalty rates. The dispute involved the company and the Communications, Electrical and Plumbing Union of Australia, representing the employees. The Fair Work Commission was tasked with determining whether the proposed variations were appropriate and complied with the relevant legislation.

The central legal issue before the Commission was whether the proposed changes to the agreement were reasonable and necessary for the business operations of the company. This required the Commission to consider the balance between the company's need for flexibility in workforce management and the employees' right to fair working conditions. The Commission also had to ensure that the variations did not have an adverse effect on the employees' wages and conditions and were in line with the principles of the Fair Work Act 2009.

The Commission found that the proposed changes were reasonable and necessary for the company's business operations. It noted that the company had demonstrated a genuine need for the changes due to the nature of its work, which often required employees to work irregular hours. The Commission considered that the changes would not have an adverse effect on the employees' wages and conditions and would not undermine the principles of the Act. It concluded that the variations were appropriate and in the best interests of both the company and the employees. The application was therefore approved, and the Collective Agreement was varied as requested by the company.

The final orders of the Commission included the approval of the variations to the Collective Agreement, with specific changes to the break entitlements and penalty rates. The new agreement was to be effective from the date of the Commission's decision, and both parties were required to implement the changes in accordance with the terms of the agreement. The Commission also directed that any disputes arising from the implementation of the variations would be subject to the dispute resolution procedures outlined in the Act.

OAS Data Cabling 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