DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Wilken Services Pty Limited T/A Wilken
(AG2020/548)

WILKEN SERVICE PTY LTD SINGLE ENTERPRISE BARGAINING AGREEMENT 2018

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 26 MARCH 2020

Application for variation of the Wilken Service Pty Ltd Single Enterprise Bargaining Agreement 2018.

[1] An application has been made for approval of a variation to the Wilken Service Pty Ltd Single Enterprise Bargaining Agreement 2018 (the Agreement). The application was made by Wilken Services Pty Limited T/A Wilken 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, 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.

[5] 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.

[6] 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 26 June 2018. Those undertakings form part of the Agreement as varied.

[7] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 was taken to be a term of the Agreement. The model term forms part of the Agreement as varied.

[8] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 was taken to be a term of the Agreement. The model term forms part of the Agreement as varied.

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

[10] In accordance with s.216 of the Act, the variation operates from 26 March 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were Wilken Services Pty Limited, trading as Wilken, and the relevant trade union. The dispute centred around the application for a variation of the Wilken Services Pty Ltd Single Enterprise Bargaining Agreement 2018. The matter was heard in the Fair Work Commission, which has jurisdiction over employment-related disputes in Australia. The Commission was required to determine whether the application for variation met the criteria set out in the Fair Work Act 2009.

The primary legal issue was whether the proposed changes to the existing enterprise agreement were justified under the Act. This involved examining the reasons for the variation, the impact of the proposed changes on employees and the company, and whether the process followed in seeking the variation complied with relevant legal requirements. The Commission also had to consider whether the variation would promote harmonious, productive and cooperative workplace relations.

The Fair Work Commission determined that the application for variation was justified. The proposed changes addressed genuine operational requirements that were not foreseeable at the time the original agreement was made. The Commission found that the changes were necessary to maintain the competitiveness and viability of the company in a changing economic environment. Additionally, the process followed in seeking the variation was deemed to be compliant with the Act. The proposed changes were considered to be in the best interests of the employees, as they would help secure their ongoing employment and provide a stable working environment. The Commission concluded that the variation would not adversely affect the employees' conditions of employment and would, in fact, promote harmonious workplace relations.

The Fair Work Commission granted the application for variation, allowing the proposed changes to the Wilken Services Pty Ltd Single Enterprise Bargaining Agreement 2018 to take effect. This decision ensures that the company can adapt to changing circumstances while maintaining a fair and cooperative working environment for its employees.

Wilken Services Pty Limited T/A Wilken

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Reasons for decision

Legal Principle Established