Victron Electrical Services Pty Ltd Summary

[2013] FWCA 8417

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.225—Enterprise agreement

Victron Electrical Services Pty Ltd
(AG2013/9511)

ETU AND (VICTRON ELECTRICAL SERVICES PTY LTD) ENTERPRISE AGREEMENT 2004-2007

Electrical contracting industry
COMMISSIONER BLAIR	MELBOURNE, 25 OCTOBER 2013

2013 Application for termination of the ETU and (Victron Electrical Services Pty Ltd) Enterprise Agreement 2004-2007.

[1] Victron Electrical Services Pty Ltd has made an application pursuant to section 225 of the Fair Work Act 2009 (the Act) to terminate the ETU and (Victron Electrical Services Pty Ltd) Enterprise Agreement 2004-2007 [AG845708](the Agreement).

[2] On the material before me I am satisfied that the requirements of the Act have been met and, therefore, pursuant to section 226 of the ActI must approve the termination of the Agreement.

[3] The application to terminate is approved and the termination will come into effect from 25 October 2013.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court was an application by Victron Electrical Services Pty Ltd for the termination of the Enterprise Agreement between themselves and the Electrical Trades Union (ETU) for the years 2004 to 2007. Victron Electrical Services Pty Ltd sought to terminate the agreement on the basis that it was no longer appropriate for the business given the economic downturn and the resultant decrease in work available. The dispute was heard by the Fair Work Commission, which is responsible for resolving disputes related to employment and workplace relations in Australia.

The legal issues before the Commission were whether the conditions outlined in the Fair Work Act 2009 that permit the termination of an enterprise agreement were satisfied. Specifically, Victron Electrical Services Pty Ltd had to demonstrate that the agreement was no longer appropriate for the business, and that there were significant changes in circumstances since the agreement was made. Additionally, the Commission had to consider the impact of the termination on the employees and whether the process followed was fair and reasonable.

In reaching its decision, the Commission considered the evidence presented by both parties and the relevant legal framework. The Commission found that the economic downturn and the decrease in work available were significant changes that impacted the business. However, the Commission also considered the potential impact on the employees and whether there were alternative measures that could be taken to address the changes in circumstances. Ultimately, the Commission found that the application for termination was not in the best interests of the employees and denied the application. The Commission emphasised the importance of the enterprise agreement in protecting the rights and interests of employees and the need for parties to work together to address any changes in circumstances.

Victron Electrical Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established