DECISION

Fair Work Act 2009
s.210—Enterprise agreement

PM Electric Pty Ltd
(AG2021/4289)

PM ELECTRIC PTY LTD SINGLE ENTERPRISE AGREEMENT 2019

Electrical contracting industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 30 MARCH 2021

Application for variation of the PM Electric Pty Ltd Single Enterprise Agreement 2019.

[1] An application has been made for approval of a variation to the PM Electric Pty Ltd Single Enterprise Agreement 2019 (the Agreement). The application was made by PM Electric 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 30 May 2019. 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 30 March 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved PM Electric Pty Ltd, a company, and a union representing its employees, who sought a variation to their existing enterprise agreement. The Fair Work Commission heard the application. The central issue was whether the proposed changes to the agreement were justified under the Fair Work Act 2009 and aligned with the principles of the Australian labour market. Specifically, the court examined if the changes were necessary to adapt to economic changes, maintain competitiveness, and ensure fairness for both parties.

The Commission considered whether the changes were in response to significant economic shifts, whether they were necessary to maintain the company's competitiveness, and whether they were fair and reasonable. The union argued that the proposed changes would adversely affect the employees, while PM Electric Pty Ltd contended that the modifications were essential for their business operations and economic viability. The Commission analysed the evidence presented by both parties and assessed the impact of the proposed changes on the employees and the company.

After thorough deliberation, the Commission found that the changes were necessary to adapt to economic changes and were fair and reasonable. The court emphasised the importance of maintaining a competitive business environment while ensuring fairness for employees. The Commission approved the variation of the agreement, allowing the proposed changes to proceed. The decision reflects the balance required in enterprise bargaining to accommodate economic realities while safeguarding the rights and interests of employees.

PM Electric 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