DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Optical Terminations Pty Ltd
(AG2020/661)

OPTICAL TERMINATIONS PTY LIMITED SINGLE ENTERPRISE AGREEMENT 2018

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 29 APRIL 2020

Application for variation of the Optical Terminations Pty Ltd Single Enterprise Agreement 2018.

[1] An application has been made for approval of a variation to the Optical Terminations Pty Ltd Single Enterprise Agreement 2018 (the Agreement). The application was made by Optical Terminations 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 concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 14 May 2020. 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 29 April 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Optical Terminations Pty Ltd sought variation of the Optical Terminations Pty Ltd Single Enterprise Agreement 2018, and the application was heard in the Fair Work Commission. The applicant argued that the current agreement was no longer appropriate due to significant changes in the business environment and operational needs. The employees, represented by a union, opposed the application, contending that the proposed changes would negatively impact their conditions and job security.

The Commission needed to determine whether the changes proposed by the applicant were justified under the relevant provisions of the Fair Work Act 2009. Key issues included whether the changes were necessary due to economic, technological, or structural changes, and whether the process followed was fair and reasonable. The Commission also had to assess whether the changes would result in a detrimental impact on the employees' conditions.

After considering the evidence and arguments presented by both parties, the Commission concluded that the changes proposed by the applicant were justified and necessary due to significant economic changes. The Commission found that the process followed was fair and reasonable, and that the changes would not result in a detrimental impact on the employees' conditions. Accordingly, the application for variation was approved. The Commission ordered that the changes be implemented as proposed, and that the new agreement would come into effect from a specified date.

Optical Terminations 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