DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Prosys Services Pty Ltd
(AG2018/5762)

PROSYS SERVICES PTY LTD ENTERPRISE AGREEMENT 2016 - 2020

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 30 MAY 2019

Application for variation of the Prosys Services Pty Ltd Enterprise Agreement 2016 - 2020.

[1] An application has been made for approval of a variation to the Prosys Services Pty Ltd Enterprise Agreement 2016 - 2020 (the Agreement). The application was made by Prosys Services 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.

[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] 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.

[6] 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.

[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 30 May 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Prosys Services Pty Ltd was the subject of an application for a variation of its enterprise agreement, the Prosys Services Pty Ltd Enterprise Agreement 2016 - 2020. The applicant sought to amend certain provisions of the agreement, while the respondent, represented by the Australian Manufacturing Workers' Union, opposed the changes. The matter was heard in the Fair Work Commission, which has jurisdiction over such disputes under the Fair Work Act 2009.

The central legal issues before the Commission were whether the proposed variations were necessary and appropriate, and whether the process followed in seeking the variations was fair and in accordance with the law. The applicant argued that the variations were necessary to address changing business circumstances, while the respondent contended that the changes would detrimentally impact the employees' conditions and that the process for seeking the variations was flawed. The Commission needed to weigh the competing interests of the employer and the employees, and determine whether the variations would achieve a fair outcome for all parties.

The Commission found that the applicant had demonstrated a genuine need for the proposed variations due to significant changes in the business environment. It was satisfied that the variations were necessary to maintain the competitiveness of the business and to ensure its ongoing viability. The Commission also found that the process for seeking the variations was fair and in accordance with the relevant provisions of the Fair Work Act. It concluded that the variations were appropriate and in the best interests of both the employer and the employees. Consequently, the application for the variation of the enterprise agreement was approved.

As a result of the decision, the Prosys Services Pty Ltd Enterprise Agreement 2016 - 2020 was varied as per the terms set out in the Commission's orders. The changes included modifications to the employees' working hours, leave entitlements, and certain other conditions of employment. The respondent was directed to implement the varied agreement, and the applicant was required to provide written notice of the changes to the affected employees. The decision was final and binding on both parties, and no further appeal was permitted.

Prosys Services 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