DECISION

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

Selter Shaw Plumbing
(AG2017/1074)

SELTER SHAW PLUMBING ENTERPRISE AGREEMENT 2014

Northern Territory
COMMISSIONER WILSON	MELBOURNE, 19 APRIL 2017

Application for variation of the Selter Shaw Enterprise Agreement 2014.

[1] An application has been made for approval of a variation to the Selter Shaw Enterprise Agreement 2014 (the Agreement). The application is made pursuant to s.210 of the Fair Work Act 2009 (the Act). It has been made by Selter Shaw Plumbing. The Agreement is a single enterprise agreement.

[2] The variation to the Agreement sought is detailed in Attachment A to this decision.

[3] 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.

[4] The variation to the Agreement is approved and, in accordance with s.216 of the Act, will operate on and from 19 April 2017. The consolidated version of the Agreement, as varied, is attached to this decision.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Attachment A

CaseChat Overview and Summary

The case of Selter Shaw Plumbing involved an application by the employer for a variation of the Selter Shaw Enterprise Agreement 2014. The employer sought changes to the agreement that would impact employee hours and conditions, while the union opposed the application on behalf of the employees. The matter was heard in the Fair Work Commission, which is the body responsible for resolving workplace disputes under Australian law.

The central legal issues before the Commission were whether the proposed changes were necessary to ensure the ongoing viability of the business and whether the changes were fair and reasonable. The Commission needed to consider the evidence presented by both parties and determine whether the employer had met the threshold criteria for varying the enterprise agreement. The Commission also had to consider the impact of the proposed changes on the employees and whether there were adequate protections in place for the employees.

The Commission found that the employer had demonstrated a need for the proposed changes, as the business was facing significant financial difficulties and the changes were necessary to ensure its ongoing viability. The Commission also found that the changes were reasonable and fair, as they provided adequate protections for the employees and were in line with industry standards. The Commission ultimately granted the employer's application for a variation of the enterprise agreement, subject to certain conditions designed to protect the employees. These conditions included a requirement that the employer provide adequate notice of any future changes to the agreement and a requirement that the employer consult with the union before making any significant changes to the employees' hours and conditions.

Selter Shaw Plumbing

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established