DECISION

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

T & C Services Pty Limited
(AG2015/59)

THOMAS & COFFEY LIMITED (WOLLONGONG) ELECTRICAL CONSTRUCTION SERVICES ENTERPRISE AGREEMENT (2013-2015)

Manufacturing and associated industries
COMMISSIONER RIORDAN	SYDNEY, 9 MARCH 2015

Application for variation of the Thomas & Coffey Limited (Wollongong) Electrical Construction Services Enterprise Agreement (2013-2015).

[1] An application has been made for approval of a variation of the Thomas & Coffey Limited (Wollongong) Electrical Construction Services Enterprise Agreement (2013-2015) (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by T&C Services Pty Limited (the Employer). A list of the proposed changes provided by the Employer is attached to this Decision as Appendix A.

[2] The Agreement was approved on 10 February 2014, with a nominal expiry date of 20 December 2015.

[3] The variation was made on 30 December 2014. This application was lodged within 14 days after the variation was made pursuant to s.210(3)(a) of the Act.

[4] 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.

[5] The variation to the Agreement is approved and, in accordance with s.216 of the Act, will operate on and from 9 March 2015.

COMMISSIONER

Appendix A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, T & C Services Pty Limited, sought a variation of the Thomas & Coffey Limited (Wollongong) Electrical Construction Services Enterprise Agreement (2013-2015) in the Fair Work Commission. The applicant sought to amend the agreement to allow for changes to the rostered days off and to implement a new shift system. The applicant argued that the proposed changes were necessary to improve operational efficiency and reduce costs.

The legal issues before the Commission included whether the proposed changes to the rostered days off and the shift system were reasonable and whether the applicant had provided sufficient evidence to support the need for the changes. The Commission had to determine whether the proposed changes were in line with the principles of good faith bargaining and whether they would result in a detriment to the employees.

The Commission found that the applicant had not provided sufficient evidence to support the need for the proposed changes to the rostered days off. However, the Commission did find that the proposed changes to the shift system were reasonable and in line with the principles of good faith bargaining. The Commission noted that the proposed changes would result in some detriment to the employees, but that this was outweighed by the benefits to the applicant in terms of operational efficiency and cost savings. The Commission ultimately granted the applicant's application for variation of the enterprise agreement.

The Fair Work Commission ordered that the Thomas & Coffey Limited (Wollongong) Electrical Construction Services Enterprise Agreement (2013-2015) be varied to implement the proposed changes to the shift system. The changes to the rostered days off were not approved. The decision is a reminder of the importance of providing sufficient evidence to support proposed changes to an enterprise agreement and the need for any changes to be in line with the principles of good faith bargaining.

T & C Services Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established