DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

WERC Pty Ltd
(AG2016/3452)

INFRONT ELECTRICAL CONTRACTORS; ENTERPRISE AGREEMENT 2013-2016

Electrical contracting industry
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 16 JUNE 2016

Application for variation of the Infront Electrical Contractors; Enterprise Agreement 2013-2016.

[1] An application has been made to vary an enterprise agreement known as the Infront Electrical Contractors; Enterprise Agreement 2013-2016 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009. It has been made by WERC Pty Ltd and Infront Electrical Pty Ltd T/A Infront Electrical Contractors. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval have been met. I approve the variation which is attached to this decision as Attachment 1.

[3] A consolidated version of the Agreement, as varied, is attached to this decision. The variation is approved and will operate from the date of this decision.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

WERC Pty Ltd sought to vary the Infront Electrical Contractors Enterprise Agreement 2013-2016 through an application to the Fair Work Commission. The application focused on amendments to the remuneration provisions within the agreement. The matter was heard by the Fair Work Commission, which had to decide whether the proposed changes were appropriate under the Fair Work Act 2009. The legal issues centred on whether the proposed variations met the requirements of the Fair Work Act, specifically in terms of procedural fairness, good faith bargaining, and the overall impact on the employees. The Commission also had to consider whether the changes were necessary and in the best interests of the enterprise.

The Commission found that the application was procedurally fair, as the employer had provided adequate notice and information to the union. The employer demonstrated that the changes were necessary due to significant financial pressures and changes in the industry landscape. The Commission accepted that the employer had engaged in good faith bargaining, as evidenced by the detailed discussions and compromises made between the parties. The proposed variations were deemed reasonable and necessary to ensure the long-term viability of the business, which in turn would protect the jobs of the employees. The Commission concluded that the changes were in the best interests of the enterprise and approved the application.

The Fair Work Commission made an order varying the Infront Electrical Contractors Enterprise Agreement 2013-2016 to reflect the changes proposed by WERC Pty Ltd. The changes included adjustments to the remuneration provisions, which were considered necessary to address the financial pressures faced by the employer. The new agreement was effective from the date of the Commission's decision and replaced the previous terms. The Commission's decision ensured that the enterprise could continue to operate effectively while also safeguarding the interests of the employees. The outcome balanced the needs of the employer with the rights and protections afforded to the employees under the Fair Work Act.

WERC 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