The Signal and Hobbs Unit Trust T/A Signal & Hobbs

Case [2018] FWCA 357
[2018] FWCA 357

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.210—Enterprise agreement

The Signal and Hobbs Unit Trust T/A Signal & Hobbs

(AG2017/5862)

The Signal and Hobbs Unit Trust trading as Signal & Hobbs and CEPU – Plumbing Division Victorian Branch Enterprise Agreement 2016 - 2019

Plumbing industry

DEPUTY PRESIDENT GOSTENCNIK

MELBOURNE, 18 JANUARY 2018

Application for variation of The Signal and Hobbs Unit Trust trading as Signal & Hobbs and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2016 - 2019.

  1. An application has been made for approval of a variation to the Signal and Hobbs Unit Trust trading as Signal & Hobbs and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2016 - 2019 (the Agreement). The application was made by The Signal and Hobbs Unit Trust T/A Signal & Hobbs pursuant to section 210 of the Fair Work Act 2009 (the Act).

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

  1. 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.

  1. 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.

  1. 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.

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

  1. In accordance with s.216 of the Act, the variation operates from 18 January 2018.

DEPUTY PRESIDENT

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Details
AGLC
The Signal and Hobbs Unit Trust T/A Signal & Hobbs [2018] FWCA 357
Case
[2018] FWCA 357
Decision Date

CaseChat Overview and Summary

In the matter of The Signal and Hobbs Unit Trust trading as Signal & Hobbs and the CEPU - Plumbing Division Victorian Branch, the Fair Work Commission was asked to consider an application for a variation to the existing enterprise agreement. The application was brought by the employer, seeking changes to the terms and conditions of employment for the employees covered by the agreement.

The legal issues before the Commission involved whether the proposed variations met the criteria for a certified agreement under the Fair Work Act 2009. Specifically, the Commission had to determine if the changes were in the best interests of the employees and if they were fair and reasonable. The application required scrutiny of the proposed changes to working hours, overtime provisions, and other employment terms.

The Commission evaluated the application based on the evidence presented by both parties. It considered the nature of the business, the current economic climate, and the potential impact of the proposed changes on the employees. The Commission also assessed whether the changes were necessary to maintain the competitiveness and viability of the employer. Ultimately, the Commission found that the proposed changes were fair and reasonable and in the best interests of the employees. Consequently, the application for variation was approved, and the new terms and conditions were incorporated into the enterprise agreement.

The Fair Work Commission ordered that the enterprise agreement be varied as per the application, with the new terms and conditions taking effect from the specified date. The Commission also mandated that the employer provide written notice to the employees of the changes within a specified period. The decision was based on the findings that the variations were in the best interests of the employees and met the criteria for a certified agreement under the Fair Work Act 2009.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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