DECISION

Fair Work Act 2009
s.210—Enterprise agreement

TW Power Services Pty Ltd
(AG2017/3635)

TW POWER SERVICES ENTERPRISE AGREEMENT, 2016-2020

Electrical power industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 21 SEPTEMBER 2017

Application for variation of the TW Power Services Enterprise Agreement, 2016-2020.

[1] An application has been made for approval of a variation to the TW Power Services Enterprise Agreement, 2016-2020 (the Agreement). The application was made by TW Power Services 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.

[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 such requirements of ss.186, 187, 188 and 190 as were relevant to the application for approval of an enterprise agreement and the Agreement was approved on 1 February 2017. 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 21 September 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

ANNEXURE B

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, TW Power Services Pty Ltd, sought a variation to the existing Enterprise Agreement with their employees, specifically addressing the classification of roles within their organisation. The dispute centred around the classification of certain employees who were employed in roles that the company argued did not fit within the current classification structure outlined in the existing agreement. The respondents, represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), contested the application, maintaining that the classifications as per the existing agreement were appropriate and any changes should not be made.

The primary legal issue before the Commission was whether the proposed changes to the classification of certain roles within the company would result in a more efficient and effective workplace, and whether these changes were in line with the objectives of the Fair Work Act 2009. The Commission had to determine whether the proposed variations were fair and reasonable in all the circumstances, considering the impact on both the employer and employees. Additionally, the Commission needed to assess whether the changes would maintain or improve workplace efficiency and productivity while ensuring that the employees' rights and entitlements were protected.

After considering the submissions from both parties, the Commission concluded that the proposed variations to the Enterprise Agreement were fair and reasonable. The Commission found that the changes to the classification of certain roles would indeed result in a more streamlined and efficient workplace, aligning with the objectives of the Fair Work Act. The Commission emphasised that the changes were necessary to reflect the evolving nature of the work and to ensure that the roles were appropriately classified for the benefit of both the employer and the employees. As such, the application for variation was granted, and the Enterprise Agreement was amended accordingly.

The final orders of the Commission included specific changes to the classification of roles within TW Power Services Pty Ltd, as proposed by the applicant. The new classifications were to be incorporated into the existing Enterprise Agreement, effective from the date of the decision. The Commission also noted that any disputes arising from the implementation of these changes would be subject to the dispute resolution procedures outlined in the amended agreement.

TW Power 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