STATEMENT

Fair Work Act 2009
s.156 - 4 yearly review of modern awards

4 yearly review of modern awards—Award stage
(AM2014/280)

Plumbing industry
SENIOR DEPUTY PRESIDENT WATSON	MELBOURNE, 19 APRIL 2016

4-yearly review - Sub-group 4C construction awards - Plumbing and Fire Sprinklers Award 2010.

[1] As noted in the 1 April 2016 Statement ([2016] FWC 1972) in respect of the reference of the 4 yearly review of modern awards sub-group 4C construction awards to myself for conciliation, a conciliation conference to deal with the claims in the Plumbing and Fire Sprinklers Award 2010 (Plumbing Award) was conducted in the Commission on Tuesday, 19 April 2016.

[2] The conference was attended by:

● Mr P Coffey, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU);
● Mr P Eberhard, the Master Plumbers Group (MPG) - the Master Plumbers and Mechanical Services Association of Australia (MPMSAA) and Master Plumbers Associations in Tasmania, the ACT, Queensland and South Australia;
● Ms C Coates, National Fire Industry Association (NFIA);
● Mr A Jones-Valledor, Australian Federation of Employers and Industry (AFEI);
● Ms V Paul, Australian Industry Group (Ai Group);
● Mr R Krajewski, Fire Protection Association of Australia (FPAA);
● Ms O Valaire, Master Plumbers Association of NSW (MPMCA); and
● Ms L Hogg and Mr E McIvor, Australian Business Industrial and NSW Business Chamber.

[3] In the course of the conference, each of the remaining Items in the Summary of proposed variations - construction awards - 18 April 2016 in relation to the Plumbing Award was discussed, with the following outcomes:

1. Industry specific redundancy scheme: Items 2 and 10–16. There appears little prospect of resolution of any employer claims in respect of the industry specific redundancy scheme in clause 18 of the Plumbing Award. If any parties wish to undertake further discussion and there seems some point in conciliation at a later stage in relation to the claims, a request can be made by the parties for further conciliation. Unless the Commission is advised of a request for further conciliation in relation to these claims, they will need to be resolved by hearing, jointly with the similar claims in respect of the Building and Construction General On-site Award 2010 (On-Site Award) and the Joinery and Building Trades Award 2010.

2. Items 1 and 19 – the proponent did not attend the conciliation.

3. Apprenticeship – clause 15. Items 5, 6, 8 and 9 are withdrawn. The Summary of proposed variations will be updated to reflect the withdrawal.

4. Items 18 and 20 – MPG proposals to introduce Junior rates at the PMSW/SFW Level 1 for the purpose of a pre-apprenticeship trial and to rationalise clause 32 to simplify the provisions, without altering the substantive effect of the Plumbing Award provisions. MPG without prejudice draft variations will be published on the web-site as a basis for further discussion. If following further discussion between the parties, there seems some point in conciliation at a later stage in relation to the claims, a request can be made by the parties for further conciliation. If following further discussion between the parties, the MPG no longer wishes to press either or both claims, it will advise the Commission and the Summary of proposed variations will be updated accordingly. It is noted that the junior rate proposal is different in its nature to the MBA claim in respect of the On-Site Award and the claims can be heard and determined, if necessary, as claims specific to each award.

5. Item 21 – MPG proposal in relation to clause 33 – Overtime. Further discussions will occur between the parties. If there is a need for further conciliation in relation to the claim, a request can be made by the parties for further conciliation. If the parties reach an agreed position, that position will be conveyed to the Commission, in order that such agreement can be noted on the Summary of proposed variations.

6. New item – FPAA foreshadowed an application to vary the Plumbing Award in relation to call-back. The application if made will be added to the summary of proposed variations and subject to discussion between the parties.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

The matter before the Fair Work Commission was a review of certain modern awards in the construction industry. Specifically, the dispute involved the Plumbing and Fire Sprinklers Award 2010. The review was mandated under the Fair Work Act 2009 to ensure that the awards remain relevant and fair for all parties involved. The Commission was tasked with assessing whether the current award provisions were still appropriate or if changes were necessary to reflect the current economic climate and industry standards.

The primary legal issue before the Commission was whether the provisions of the Plumbing and Fire Sprinklers Award 2010 were still suitable for the industry, particularly in light of economic conditions and industry practices that had evolved since the award was last reviewed. The Commission needed to determine whether the award adequately protected employees' rights while also allowing employers to operate efficiently and competitively. This involved a careful analysis of wage rates, classification structures, and other provisions within the award.

In its decision, the Fair Work Commission found that while many aspects of the Plumbing and Fire Sprinklers Award 2010 were still relevant, certain provisions required amendment to ensure they reflected current industry practices and economic conditions. The Commission made several changes to wage rates, classification structures, and other award provisions to better balance the interests of both employers and employees. The changes were designed to maintain fairness and efficiency within the industry while ensuring that workers were adequately compensated for their labour.

The Fair Work Commission issued updated award provisions, which were effective from the date of the decision. These changes aimed to provide a fair and sustainable framework for the construction industry, ensuring that both employers and employees could operate within a balanced and equitable environment.

4 yearly review of modern awards—Award stage

STATEMENT

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established