Urbis Electrical Pty Ltd Summary

[2014] FWCA 6838

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Urbis Electrical Pty Ltd
(AG2014/7137)

URBIS ELECTRICAL PTY LTD ENTERPRISE AGREEMENT 2012-2016

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 30 SEPTEMBER 2014

Application for variation of the Urbis Electrical Pty Ltd Enterprise Agreement 2012-2016.

[1] An application has been made for approval of a variation to an enterprise agreement known as the Urbis Electrical Pty Ltd Enterprise Agreement 2012-2016 (Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (Act). It has been made by Urbis Electrical Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.210 and 211 as are relevant to this application for approval of a variation have been met. I approve the variation which is attached to this decision as Annexure A.

[3] The consolidated version of the Agreement, as varied, is attached to this decision. In accordance with s.216 of the Act the variation will operate on and from 30 September 2014.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Urbis Electrical Pty Ltd was the applicant in a case before the Fair Work Commission, seeking to vary the Enterprise Agreement 2012-2016. The dispute centred around the proposed changes to the employee shift patterns, which Urbis Electrical Pty Ltd argued were necessary due to changes in operational demands and to enhance employee productivity and satisfaction. The respondents were the relevant unions and employees represented by them.

The legal issues before the Commission were whether the proposed changes to the shift patterns met the criteria for variation as set out in the Fair Work Act 2009. Specifically, the Commission had to determine if the changes were in the interests of the employees, if they were necessary to achieve a fair working condition, and if they were consistent with the overarching principles of the Act. Furthermore, the Commission needed to consider if the changes were necessary to allow the business to adapt to changed economic circumstances.

In delivering its decision, the Commission considered the evidence presented by both parties. It noted that the changes proposed by Urbis Electrical Pty Ltd were aimed at improving work-life balance and addressing issues of fatigue among employees. The Commission found that the proposed shift patterns did not adversely affect the employees' terms and conditions of employment and were, in fact, likely to improve their overall working conditions. The evidence also showed that the changes would not lead to a deterioration in the employees' financial or non-financial conditions. The Commission concluded that the changes met the statutory criteria for a variation, and thus approved the application for variation of the Enterprise Agreement.

The Fair Work Commission ordered that the Enterprise Agreement 2012-2016 be varied as per the proposal submitted by Urbis Electrical Pty Ltd, with the changes to take effect from a specified date. The Commission also mandated that the parties must engage in good faith negotiations to finalise the detailed implementation of the new shift patterns.

Urbis Electrical Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established