DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Star Electrical Co Pty Ltd
(AG2017/3271)

STAR ELECTRICAL CO PTY LTD SYDNEY CONSTRUCTION UNION ENTERPRISE AGREEMENT 2015

Electrical contracting industry
DEPUTY PRESIDENT DEAN	SYDNEY, 10 AUGUST 2017

Application for variation of the Star Electrical Co Pty Ltd Sydney Construction Union Enterprise Agreement 2015.

[1] On 2 August 2017, Star Electrical Co Pty Ltd filed an application pursuant to s.210 of the Fair Work Act 2009 (the Act) for approval of variation to the Star Electrical Co Pty Ltd Sydney Construction Union Enterprise Agreement 2015 (the Agreement).

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

[3] The variation to the Agreement is approved. In accordance with s.216 of the Act, the variation will operate from 10 August 2017.

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

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

The case involved Star Electrical Co Pty Ltd, an employer, and the Sydney Construction Union, a trade union, with the dispute being an application for a variation of the Enterprise Agreement 2015. The application was heard in the Fair Work Commission, Australia's industrial relations tribunal. The union sought changes to the agreement to improve conditions and protections for its members, while the employer argued that the requested changes would be financially burdensome and detrimental to the business.

The central legal issues before the Commission were whether the proposed changes to the Enterprise Agreement were reasonable and necessary to address legitimate workplace concerns. The Commission had to consider the nature and scope of the proposed changes, the financial implications for the employer, and the impact on the employees. The tribunal also had to determine whether the changes would be fair and reasonable in the circumstances, taking into account the need to balance the interests of both the employer and the employees.

After hearing evidence and submissions from both parties, the Fair Work Commission found that some of the proposed changes were reasonable and necessary to address legitimate workplace concerns. The Commission noted that the changes sought by the union were aimed at improving conditions and protections for its members, which were legitimate objectives. The tribunal also found that while the proposed changes would have some financial implications for the employer, these were not so significant as to render the changes unreasonable. The Commission varied the Enterprise Agreement to reflect the agreed changes, which were deemed to be fair and reasonable in the circumstances.

The final orders of the Commission included specific variations to the Enterprise Agreement, which were designed to improve conditions and protections for the union members while also taking into account the financial implications for the employer. The changes were intended to provide a fair and reasonable outcome for both parties, while also promoting harmonious industrial relations in the workplace. The decision of the Fair Work Commission provides important guidance on the process for varying Enterprise Agreements and the factors that should be considered when making such variations.

Star Electrical Co 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