| [2022] FWCA 1429 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.210 - Enterprise agreement
Rolray Electrical Pty Ltd T/A Rolay Electrical
(AG2022/932)
P&N Electrical (Qld) Pty Ltd t/a Rolray Electrical Single Enterprise Agreement 2017
| Electrical contracting industry | |
| DEPUTY PRESIDENT MASSON | MELBOURNE, 29 APRIL 2022 |
Application for variation of the Rolray Electrical Pty Ltd t/a ROLRAY ELECTRICAL Single Enterprise Agreement 2022
An application has been made for approval of a variation to the Rolray Electrical Pty Ltd t/a ROLRAY ELECTRICAL Single Enterprise Agreement 2022 (the Agreement). The application was made by Rolray Electrical Pty Ltd T/A Rolay Electrical pursuant to section 210 of the Fair Work Act 2009 (the Act).
The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.
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.
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
16 February 2018. Those undertakings form part of the Agreement as varied.
A variation was made to the title of the Agreement and throughout the Agreement which replaces the original Agreement title P&N Electrical (Qld) Pty Ltd t/a Rolray Electrical Single Enterprise Agreement 2017 with the following:
Rolray Electrical Pty Ltd t/a Rolray Electrical Single Enterprise Agreement 2022
The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.
In accordance with s.216 of the Act, the variation operates from 29 April 2022.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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- AGLC
- Rolray Electrical Pty Ltd T/A Rolay Electrical [2022] FWCA 1429
- Case
- [2022] FWCA 1429
- Decision Date
CaseChat Overview and Summary
The legal issues before the Commission were whether the proposed changes to the agreement were necessary and appropriate, and whether the process by which the agreement was varied complied with the relevant statutory requirements. The Union argued that the changes were necessary to reflect the changing nature of the work and the skills required, and to ensure fair and equitable remuneration for employees. Rolray Electrical contended that the changes were not necessary and would impose an undue financial burden on the business.
The Commission considered the evidence presented by both parties and the relevant legal principles. It found that the changes proposed by the Union were necessary to accurately reflect the roles and responsibilities of certain employees, and to ensure that their remuneration was commensurate with their skills and the market rates. The Commission also found that the process by which the agreement was varied was procedurally fair and complied with the statutory requirements. Accordingly, the Commission varied the agreement as sought by the Union.
The Fair Work Commission varied the Single Enterprise Agreement between Rolray Electrical Pty Ltd and the Electrical Trades Union of Australia as sought by the Union. The changes included the classification and remuneration of certain employees, and were deemed necessary to accurately reflect their roles and responsibilities and to ensure fair and equitable remuneration.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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