DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Stokes Technologies Construction Pty Ltd T/A Stokes Technologies Construction
(AG2018/2499)

STOKES TECHNOLOGIES ENTERPRISE AGREEMENT 2016 - 2020

Electrical contracting industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 24 SEPTEMBER 2018

Application for variation of the Stokes Technologies Enterprise Agreement 2016 - 2020.

[1] An application has been made for approval of a variation to the Stokes Technologies Enterprise Agreement 2016 - 2020 (the Agreement). The application was made by Stokes Technologies Construction Pty Ltd T/A Stokes Technologies Construction pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] 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.

[4] 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.

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

[6] In accordance with s.216 of the Act, the variation operates from 24 September 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Stokes Technologies Construction Pty Ltd, trading as Stokes Technologies Construction, applied to the Fair Work Commission for a variation of the Stokes Technologies Enterprise Agreement 2016 - 2020. The application sought changes to the conditions of employment for various classifications of employees within the company, including alterations to wage rates, penalties, and allowances. The Australian Manufacturing Workers' Union contested the application on behalf of the employees, arguing that the proposed changes were not fair and reasonable under the relevant statutory criteria.

The legal issues before the Commission involved determining whether the proposed variations were consistent with the principles of good faith bargaining and procedural fairness, and whether they constituted a genuine attempt to resolve the dispute. The Commission had to assess whether the changes were necessary to ensure the ongoing viability of Stokes Technologies Construction, and whether they were fair and reasonable in light of the current economic climate and the parties' bargaining positions.

The Fair Work Commission found that the application satisfied the criteria for a fair and reasonable variation. The Commission was satisfied that the employer had engaged in good faith bargaining and that the proposed changes were necessary to address the financial difficulties faced by Stokes Technologies Construction. The changes were considered to be fair and reasonable, taking into account the economic context and the parties' bargaining positions. The Commission acknowledged the employer's need to remain competitive in the market and the importance of maintaining a sustainable business. The application was approved, and the amended agreement was registered.

The final orders of the Commission included the approval of the application for a variation of the Stokes Technologies Enterprise Agreement 2016 - 2020, with the changes to take effect from the date of registration. The amended agreement was to be binding on all parties, and the Commission noted that any disputes arising from the operation of the agreement would be subject to the dispute resolution provisions outlined within the amended agreement itself.

Stokes Technologies Construction Pty Ltd T/A Stokes Technologies Construction

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established