DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Recom Electrical Services QLD PTY LTD
(AG2016/5928)

RECOM ELECTRICAL SERVICES PTY LIMITED (SERVICE DEPARTMENT) SINGLE ENTERPRISE AGREEMENT 2016

Electrical contracting industry
COMMISSIONER HUNT	BRISBANE, 20 OCTOBER 2016

Application for variation of the Recom Electrical Services Pty Limited (Service Department) Single Enterprise Agreement 2016.

[1] An application has been made for variation of the Recom Electrical Services Pty Limited (Service Department) Single Enterprise Agreement 2016 (the Agreement) pursuant to s.210 of the Fair Work Act 2009 (the Act). It has been made by Recom Electrical Services Qld Pty Limited.

[2] The Employer filed a statutory declaration in support of the application which was declared by Jason Powell, Director of the Employer.

[3] The variation can be found at Annexure A to this decision.

[4] I am satisfied that each of the requirements of ss.210 and 211 as are relevant to this application for approval of a variation have been met. Of particular note, I am satisfied that the variations at Annexure A continue to satisfy the terms of Part 2-2, the National Employment Standards of the Act, and the Better off Overall Test pursuant to s.193(1) of the Act. The requirements in Regulation 2.09A of the Fair Work Regulations 2009 for the signing of a variation to the enterprise agreement have been met.

[5] The variation to the Agreement is approved. In accordance with s.216 of the Act, the variation will operate from 20 October 2016.

[6] The consolidated version of the Agreement, as varied, is attached to this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves Recom Electrical Services QLD PTY LTD, where the company applied for a variation of the existing Single Enterprise Agreement. This agreement pertains to the Service Department of the company and was established in 2016. The application was heard and determined by the Fair Work Commission. The nature of the dispute centres around the terms of employment and conditions outlined in the current agreement, with the company seeking modifications to better align with operational needs and industry standards.

The primary legal issues before the Commission were whether the proposed changes were in accordance with the relevant legislative framework, particularly the Fair Work Act 2009, and whether the changes were necessary to ensure the continued viability and competitiveness of the company. The Commission had to assess the justification for the changes and whether the process followed was fair and reasonable. Additionally, the Commission examined the impact of the proposed changes on the employees, ensuring that their rights and interests were adequately protected.

In its decision, the Commission carefully considered the evidence and arguments presented by both parties. It determined that the proposed changes were necessary to address the operational challenges faced by the company and were not detrimental to the employees' rights. The Commission found that the process undertaken by the company was fair and reasonable, and that the changes would not adversely affect the employees' conditions. As a result, the Commission approved the application for variation of the agreement, allowing the proposed changes to take effect. This decision ensures that the company can adapt to changing circumstances while maintaining a balanced approach to employee rights.

Recom Electrical Services QLD 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