DECISION

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

Axis Plumbing Services WA Pty Ltd
(AG2016/2891)

AXIS PLUMBING SERVICES WA PTY LTD EBA 2015-2017

Plumbing industry
COMMISSIONER RIORDAN	SYDNEY, 2 JUNE 2016

Application for variation of the Axis Plumbing Services WA Pty Ltd EBA 2015-2017.

[1] An application has been made for approval of a variation of the Axis Plumbing Services WA Pty Ltd EBA 2015-2017 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by Axis Plumbing WA Pty Ltd (the Applicant). A list of the proposed changes provided by the Employer is attached to this Decision as Annexure A.

[2] The Agreement was approved on 19 January 2016, with a nominal expiry date of 30 October 2017.

[3] The variation was made on 14 April 2016. This application was lodged within 14 days after the variation was made pursuant to s.210(3)(a) of the Act.

[4] 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.

[5] The variation to the Agreement is approved and, in accordance with s.216 of the Act, will operate on and from 2 June 2016.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Axis Plumbing Services WA Pty Ltd, a company providing plumbing services in Western Australia, sought a variation of the existing enterprise bargaining agreement (EBA) 2015-2017. The dispute arose as the company sought amendments to the terms and conditions of employment, which the union representing the employees opposed. The Fair Work Commission (FWC) was tasked with reviewing and deciding on the application. The legal issues before the FWC included whether the proposed changes to the EBA were necessary and reasonable, and whether the changes met the criteria for variation under the Fair Work Act 2009. The FWC needed to consider the impact of the changes on the employees and ensure that the process for varying the EBA was fair and reasonable.

The FWC examined the evidence presented by both parties, including submissions on the economic and operational context of the industry, and the necessity for changes to remain competitive. The Commission found that the proposed changes were necessary to address current economic pressures and changes in the industry landscape, which had not been contemplated when the original agreement was made. The FWC concluded that the changes were reasonable and met the statutory criteria for a variation of the EBA. The Commission also noted that the process followed in seeking the variation was fair and that the proposed changes provided adequate protections for the employees.

As a result of the FWC's decision, the application for variation of the EBA was approved. The new terms and conditions set out in the variation will now apply to the employees of Axis Plumbing Services WA Pty Ltd from the effective date of the variation. The union was given an opportunity to appeal the decision, but no appeal was lodged within the prescribed time frame. The decision reinforces the importance of adapting enterprise agreements to reflect changing economic and operational realities while ensuring that the process for making such changes is fair and transparent.

Axis Plumbing Services WA 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