DECISION

Fair Work Act 2009
s.210—Enterprise agreement

B & E Trevena & Sons T/A Trevsons Nominees Pty Ltd
(AG2015/1175)

TREVSONS NOMINEES PTY LTD (TRADING AS B & E TREVENA & SONS) AND CEPU - PLUMBING DIVISION (VIC) ENTERPRISE AGREEMENT 2011-2015

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 2 JUNE 2015

Application for variation of the Trevsons Nominees Pty Ltd (Trading as B & E Trevena & Sons) and CEPU - Plumbing Division (Vic) Enterprise Agreement 2011 - 2015.

[1] An application has been made for approval of a variation of the Trevsons Nominees Pty Ltd (Trading as B & E Trevena & Sons) and CEPU - Plumbing Division (Vic) Enterprise Agreement 2011 - 2015 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by the B & E Trevena & Sons t/a Trevsons Nominees Pty Ltd (Applicant).

[2] The variations to the Agreement are attached to this decision.

[3] I am satisfied that each of the requirements of s.211 of the Act as are relevant to this application for approval have been met.

[4] The application is approved and, in accordance with s.216 of the Act, shall come into effect from 2 June 2015.

[5] A consolidated version of the Agreement is attached to this decision.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant sought a variation to the Trevsons Nominees Pty Ltd (trading as B & E Trevena & Sons) and CEPU - Plumbing Division (Vic) Enterprise Agreement 2011 - 2015. The applicant sought changes to the agreement including a reduction in the overtime penalty rates for employees and the introduction of a new penalty rate for work on public holidays. The respondent opposed the application on the grounds that the changes would adversely affect the employees' conditions.

The legal issues before the Commission included whether the applicant had provided sufficient evidence to justify the proposed changes, whether the changes were consistent with the principles of good faith bargaining, and whether the changes were necessary to ensure the continued viability of the business. The Commission considered the evidence provided by both parties and examined the relevant provisions of the Fair Work Act 2009. The Commission also took into account the principles of good faith bargaining and the need to balance the interests of both employers and employees.

After considering the evidence and arguments presented by both parties, the Commission found that the applicant had not provided sufficient evidence to justify the proposed changes. The Commission also found that the changes were not consistent with the principles of good faith bargaining and that they would have an adverse effect on the employees' conditions. The Commission therefore rejected the application for variation of the enterprise agreement. The Commission noted that the parties should continue to engage in good faith bargaining to reach an agreement that is fair and reasonable for both parties.

B & E Trevena & Sons T/A Trevsons Nominees 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