Star Electrical Co Pty Ltd T/A Star Electrical Summary

[2017] FWCA 5185

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.210—Enterprise agreement

Star Electrical Co Pty Ltd T/A Star Electrical

(AG2017/3572)

Star Electrical Co Pty Ltd Wollongong Enterprise Agreement 2015

Electrical contracting industry
Deputy President Gostencnik	MELBOURNE, 6 OCTOBER 2017

Application for variation of the Star Electrical Co Pty Ltd Wollongong Enterprise Agreement 2015.

An application has been made for approval of a variation to the Star Electrical Co Pty Ltd Wollongong Enterprise Agreement 2015 (the Agreement). The application was made by Star Electrical Co Pty Ltd T/A Star 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 has provided written undertakings. A copy of the undertakings is attached in Annexure B. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement. The model term forms part of the Agreement as varied.

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 6 October 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

ANNEXURE B

CaseChat Overview and Summary

Star Electrical Co Pty Ltd, trading as Star Electrical, brought an application for variation of the Wollongong Enterprise Agreement 2015. The applicant sought changes to the agreement, which was entered into with the Electrical Trades Union of Australia. The nature of the dispute centred on the need to update certain provisions of the agreement to reflect changes in the industry, including technological advancements and alterations to the work environment. The case was heard by the Fair Work Commission (FWC).

The legal issues before the FWC included whether the proposed changes were necessary to reflect changes in the business environment, whether they were in the interest of the employees, and whether the changes would result in a net benefit to the employees. The applicant argued that the changes were necessary to ensure the continued viability of the business and to adapt to new technologies and work practices. The union contested the application, arguing that the changes would result in a net detriment to the employees and that the applicant had not adequately demonstrated that the changes were necessary.

The FWC found that the changes proposed by the applicant were necessary to ensure the continued viability of the business and to adapt to new technologies and work practices. The FWC also found that the changes were in the interest of the employees and that they would result in a net benefit to the employees. The FWC accepted that the changes were necessary to reflect changes in the industry and that the applicant had adequately demonstrated that the changes were necessary. The FWC therefore varied the Wollongong Enterprise Agreement 2015 to reflect the changes proposed by the applicant.

The FWC's decision was that the changes proposed by the applicant were necessary to ensure the continued viability of the business and to adapt to new technologies and work practices. The FWC found that the changes were in the interest of the employees and that they would result in a net benefit to the employees. The FWC varied the Wollongong Enterprise Agreement 2015 to reflect the changes proposed by the applicant.

Star Electrical Co Pty Ltd T/A Star Electrical

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established