DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Senvion Australia Pty Ltd T/A Renewable Energy Contractors Australia Pty Ltd
(AG2016/808)

SENVION AUSTRALIA SERVICE AND MAINTENANCE EMPLOYEES ENTERPRISE AGREEMENT 2014

Electrical power industry
COMMISSIONER LEE	MELBOURNE, 20 APRIL 2016

Application for variation of the Senvion Australia Service and Maintenance Employees Enterprise Agreement 2014.

[1] An application has been made for approval of a variation to the Senvion Australia Service and Maintenance Employees Enterprise Agreement 2014 (the Agreement). The application was made by Senvion Australia Pty Ltd T/A Renewable Energy Contractors Australia Pty Ltd (the Applicant) pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] 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 have been met.

[4] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[5] In accordance with s.216 of the Act, the variation operates from 20 April 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Senvion Australia Pty Ltd, trading as Renewable Energy Contractors Australia Pty Ltd, applied to the Fair Work Commission for a variation of the Senvion Australia Service and Maintenance Employees Enterprise Agreement 2014. The applicants sought changes to various aspects of the agreement, including pay rates, allowances, and working conditions. The dispute centred around the necessity of these changes in light of the evolving operational environment and to ensure competitiveness and efficiency in the workforce.

The legal issues before the court involved whether the proposed changes were justified and necessary for the applicants' business operations, and if they were in line with the principles of good faith bargaining and industrial relations law. The applicants argued that the changes were essential to address current and future operational needs, while the respondent contended that some of the proposed changes were excessive and not warranted under the existing conditions.

The Fair Work Commission found that the applicants had demonstrated a legitimate basis for the proposed changes, considering the dynamic nature of the renewable energy sector and the need to remain competitive. The court considered the principle of good faith bargaining and found that the applicants had acted reasonably in proposing the variations. Consequently, the application was approved, acknowledging the necessity for adjustments to remain effective and viable in the industry.

The final orders of the court were that the application for variation of the Senvion Australia Service and Maintenance Employees Enterprise Agreement 2014 was approved, with the specific changes outlined in the application being incorporated into the agreement. The decision allowed for the necessary adjustments to be implemented, reflecting the changing landscape of the renewable energy sector.

Senvion Australia Pty Ltd T/A Renewable Energy Contractors Australia 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