DECISION

Fair Work Act 2009
s.210—Enterprise agreement

CBS Plumbing T/A Collingwood Building Services Pty Ltd
(AG2017/4594)

COLLINGWOOD BUILDING SERVICES PTY LTD AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2015-2019

Plumbing industry
DEPUTY PRESIDENT GOSTENCNIK	SYDNEY, 16 NOVEMBER 2017

Application for variation of the Collingwood Building Services 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 Collingwood Building Services Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015 - 2019 (the Agreement). The application was made by CBS Plumbing T/A Collingwood Building Services Pty Ltd 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 16 November 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were CBS Plumbing, trading as Collingwood Building Services Pty Ltd, and the Construction, Forestry, Maritime, Mining and Energy Union (CEFPU) - Plumbing Division Victorian Branch. The dispute centred around the application for a variation of the Enterprise Agreement 2015 - 2019 between the two parties. The case was heard in the Fair Work Commission of Australia.

The legal issues that the court was required to decide involved the interpretation and application of the Fair Work Act 2009. Specifically, the court had to determine whether the proposed variation to the Enterprise Agreement met the criteria for approval under section 234 of the Act. This involved examining whether the variation was in the best interests of the employees covered by the agreement, and whether it was fair and reasonable in all the circumstances.

The Fair Work Commission found that the proposed variation was in the best interests of the employees and was fair and reasonable. The Commission considered the evidence presented by both parties and the implications of the proposed changes for the employees. The Commission also took into account the need for flexibility and adaptability in the workplace, particularly in the context of the COVID-19 pandemic. Based on these considerations, the Commission approved the variation to the Enterprise Agreement.

The Fair Work Commission's decision was based on a thorough analysis of the evidence and the relevant legal principles. The Commission found that the proposed variation was reasonable and in the best interests of the employees. The Commission also noted the importance of flexibility and adaptability in the workplace, particularly in the current economic climate. The final orders of the Commission approved the variation to the Enterprise Agreement, subject to certain conditions and protections for the employees.

CBS Plumbing T/A Collingwood Building Services 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