DECISION

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

AE Smith & Son Pty Ltd T/A AE Smith
(AG2017/6327)

AE SMITH AND SON PTY LTD AND CEPU – PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2015 – 2019

Plumbing industry
COMMISSIONER LEE	MELBOURNE, 18 JANUARY 2018

Application for variation of the AE Smith and Son Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015 - 2019.

[1] An application has been made for approval of a variation to the AE Smith and Son Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015 - 2019 (the Agreement). The application was made by AE Smith & Son Pty Ltd T/A AE Smith 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] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] 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.

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

[7] In accordance with s.216 of the Act, the variation operates from 18 January 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved AE Smith & Son Pty Ltd, trading as AE Smith, and the CEPU - Plumbing Division Victorian Branch. The application was for a variation to the existing Enterprise Agreement 2015-2019. The Fair Work Commission was tasked with determining whether the proposed changes should be approved. The legal issues at hand centred on whether the proposed variations were necessary, reasonable, and beneficial to both parties, as well as whether they complied with relevant legislation and industrial relations principles.

The Commission examined the nature of the proposed changes, their implications for both the employer and the employees, and the evidence presented by both parties. It considered whether the changes were necessary to improve the efficiency and productivity of the business while ensuring fairness to the employees. The Commission also assessed whether the proposed changes were in line with the principles of good faith bargaining and the broader objectives of the Fair Work Act. Furthermore, the Commission evaluated the impact of the proposed variations on the existing terms and conditions of employment, including wages, working hours, and other entitlements.

After considering all the evidence and arguments, the Commission determined that the proposed variations were necessary and reasonable. The changes were found to be beneficial for both parties, facilitating improvements in the business's operational efficiency without compromising the employees' rights and conditions. The Commission concluded that the proposed changes complied with the legislative requirements and industrial relations principles. Consequently, the application for variation was approved. The final orders reflected the Commission's decision, allowing the proposed changes to be implemented in accordance with the specified terms.

AE Smith & Son Pty Ltd T/A AE Smith

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established