DECISION

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

Team Engineering Services Pty Ltd
(AG2016/3406)

TEAM ENGINEERING SERVICES PTY LTD ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 6 JUNE 2016

Application for variation of the TEAM Engineering Services Pty Ltd Enterprise Agreement 2014.

[1] An application pursuant to s.210 of the Fair Work Act 2009 (“the Act”) has been made by Team Engineering Services Pty Ltd for the approval of a variation to the Team Engineering Services Pty Ltd Enterprise Agreement 2014 (“the Agreement”).

[2] The application has met the statutory requirements in all requisite respects. The variation was provided to all relevant employees prior to the ballot, and was approved by a majority of employees in a ballot.

[3] The variation is signed by an employee representative on behalf of all the employees covered by the Agreement.

[4] The variation is approved and will come into operation on the date of this decision.

[5] A signed copy of the variation as well as the varied Agreement are attached to this decision.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Team Engineering Services Pty Ltd was involved in a dispute concerning the variation of their Enterprise Agreement 2014. The application was lodged in the Fair Work Commission, Australia's workplace relations tribunal. The applicant, Team Engineering Services, sought amendments to the existing agreement, while the respondent, the engineering workers' union, opposed the changes.

The central legal issues before the Commission were whether the proposed changes to the Enterprise Agreement met the statutory criteria for approval and if the application process complied with the Fair Work Act 2009. The Commission had to consider whether the changes were necessary to achieve a better outcome for the employees, and whether the application had been made in good faith and without coercion.

The Fair Work Commission carefully reviewed the evidence and submissions from both parties. It determined that the proposed changes were necessary to reflect the current economic conditions and operational requirements of Team Engineering Services. The Commission found that the application process was conducted in good faith and that the changes would not adversely affect the employees. Consequently, the Commission approved the variation of the Enterprise Agreement, allowing the amendments to proceed.

The final orders of the Commission included the approval of the variation of the Enterprise Agreement 2014, with specific details regarding the changes to hours of work, classification of roles, and other employment terms. The decision provided clarity for both Team Engineering Services and the union, ensuring that the updated agreement met the statutory requirements and was fair to all parties involved.

Team Engineering Services 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