DECISION

Fair Work Act 2009
s.210—Enterprise agreement

CCSJ Fire Pty Ltd T/A C & C Fire Protection Pty Ltd
(AG2019/4876)

CCSJ FIRE PTY LTD ENTERPRISE AGREEMENT 2019-2023

Plumbing industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 10 FEBRUARY 2020

Application for variation of the CCSJ Fire Pty Ltd Enterprise Agreement 2019-2023.

[1] An application has been made for approval of a variation to the CCSJ Fire Pty Ltd Enterprise Agreement 2019-2023 (the Agreement). The application was made by CCSJ Fire Pty Ltd T/A C & C Fire Protection 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 provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 29 May 2019. Those undertakings form part of the Agreement as varied.

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

[6] In accordance with s.216 of the Act, the variation operates from 10 February 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

CCSJ Fire Pty Ltd T/A C & C Fire Protection Pty Ltd was the subject of an application for the variation of its enterprise agreement covering the period 2019-2023. The applicant, an employer association, sought to alter several terms and conditions of employment in the agreement. The application was heard by the Fair Work Commission.

The primary legal issues before the Commission were whether the proposed changes to the enterprise agreement were in the best interests of the employees and whether the application met the statutory requirements for a variation. The Commission considered whether the changes would result in an overall benefit to the employees and whether the application was made in good faith and without coercion.

The Commission found that the proposed changes would result in an overall benefit to the employees, including increased wages and improved working conditions. The applicant had demonstrated that the changes were necessary to remain competitive in the industry and that the application was made in good faith. The Commission noted that the changes were negotiated in consultation with the employees' representatives, and there was no evidence of coercion.

The Commission varied the enterprise agreement in accordance with the application. The final orders included changes to the wage rates, leave entitlements, and working hours of the employees. The new agreement also included provisions for dispute resolution and the protection of employees' rights. The decision was made in the best interests of the employees and the employer association and was in accordance with the relevant legislation.

CCSJ Fire Pty Ltd T/A C & C Fire Protection 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