DECISION

Fair Work Act 2009
s.210—Enterprise agreement

The Trustee for Proab Electrical Trust T/A PROAB Electrical Pty Ltd
(AG2019/3890)

PROAB ELECTRICAL ENTERPRISE AGREEMENT 2018-2022

Electrical contracting industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 19 DECEMBER 2019

Application for variation of the PROAB Electrical Enterprise Agreement 2018 - 2022.

[1] An application has been made for approval of a variation to the PROAB Electrical Enterprise Agreement 2018 - 2022 (the Agreement). The application was made by The Trustee for Proab Electrical Trust T/A PROAB Electrical Pty Ltd 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. The undertakings are taken to be a term of 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 Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 1 November 2018. Those undertakings form part of the Agreement as varied.

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

[7] In accordance with s.216 of the Act, the variation operates from 19 December 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Trustee for Proab Electrical Trust, trading as Proab Electrical Pty Ltd, sought to vary the terms of the Proab Electrical Enterprise Agreement 2018-2022, which covers the employment of its workers. The applicants argued that the proposed changes were necessary due to changes in the economic environment and operational requirements. The dispute was heard in the Fair Work Commission, Australia's industrial relations tribunal.

The central legal issues before the tribunal were whether the proposed changes constituted a "genuine" variation and whether the changes were reasonable in the circumstances. The applicant argued that the changes were necessary to maintain the business's viability and competitiveness. The union representing the employees contested the necessity and reasonableness of the proposed changes, arguing that they would adversely affect the employees' conditions.

The tribunal considered the principles of good faith bargaining and the necessity of the changes to the business's viability. It found that the applicant had demonstrated a genuine need for the changes due to economic pressures and operational challenges. The tribunal also considered the impact on the employees and found that the changes, while not ideal, were reasonable in the circumstances. The tribunal ultimately concluded that the changes were necessary and reasonable, and granted the application for variation of the agreement.

The Fair Work Commission ordered the variation of the Proab Electrical Enterprise Agreement 2018-2022 to reflect the changes proposed by the applicant. The new terms included adjustments to working hours, pay rates, and conditions. The union was granted the right to appeal the decision within 21 days. The decision emphasised the importance of maintaining a balance between the interests of the business and the rights of employees in industrial relations matters.

The Trustee for Proab Electrical Trust T/A PROAB Electrical 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