DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Platinum Fire Systems Pty Ltd
(AG2019/2842)

PLATINUM FIRE SYSTEMS ALARMS ENTERPRISE AGREEMENT 2017 - 2020

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 17 SEPTEMBER 2019

Application for variation of the Platinum Fire Systems Alarms Enterprise Agreement 2017 - 2020.

[1] An application has been made for approval of a variation to the Platinum Fire Systems Alarms Enterprise Agreement 2017 - 2020 (the Agreement). The application was made by Platinum Fire Systems 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] 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. The undertakings are taken to be a term of the Agreement.

[4] 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.

[5] 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 June 2018. Those undertakings form part of the Agreement as varied.

[6] The Varied Agreement lodged contained an error at clause 17. On 13 September 2019, the Applicant filed an amended version of the Varied Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

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

[8] In accordance with s.216 of the Act, the variation operates from 17 September 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of Platinum Fire Systems Pty Ltd, the applicant sought a variation of the Platinum Fire Systems Alarms Enterprise Agreement 2017 - 2020. The application was made in the Fair Work Commission, a tribunal established under the Fair Work Act 2009, which has jurisdiction to hear and determine applications for variations of enterprise agreements. The respondent to the application was the Electrical Trades Union of Australia, the union representing the employees.

The primary legal issue before the Commission was whether the application met the statutory criteria for a variation of the enterprise agreement, as outlined in section 232 of the Fair Work Act. The applicant argued that a variation was necessary due to changes in the business environment and financial constraints. The respondent contended that the application did not satisfy the statutory criteria, particularly the requirement that the variation be in the interests of the employees.

The Commission considered the evidence and submissions presented by both parties. It examined the financial position of the applicant, the changes in the business environment, and the potential impact of the proposed changes on the employees. The Commission determined that while the applicant had demonstrated a genuine need for a variation due to financial difficulties, the proposed changes did not sufficiently demonstrate that they were in the interests of the employees. The Commission found that the applicant had not met the statutory criteria for a variation of the enterprise agreement. Consequently, the application was dismissed.

The Commission made no orders as the application was dismissed. The Platinum Fire Systems Alarms Enterprise Agreement 2017 - 2020 remained in effect, and the terms and conditions of employment for the employees remained unchanged. The Commission emphasised the importance of considering the interests of employees when seeking variations to enterprise agreements and highlighted the need for careful consideration of the statutory criteria before making such applications.

Platinum Fire Systems 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