DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Commercial Aquatics Australia Pty Ltd T/A Commercial Aquatics Australia
(AG2018/967)

COMMERCIAL AQUATICS AUSTRALIA PTY LTD AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2017-2019

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 29 MAY 2018

Application for variation of the Commercial Aquatics Australia Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2017-2019.

[1] An application has been made for approval of a variation to the Commercial Aquatics Australia Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2017-2019 (the Agreement). The application was made by Commercial Aquatics Australia Pty Ltd T/A Commercial Aquatics Australia 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 such requirements of ss.186, 187, 188 and 190 as were relevant to the application for approval of an enterprise agreement and the Agreement was approved on 31 January 2018. 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 29 May 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were Commercial Aquatics Australia Pty Ltd, trading as Commercial Aquatics Australia, and the CEPU - Plumbing Division Victorian Branch. The dispute centred on the application for a variation of the Enterprise Agreement between the two parties, specifically concerning the 2017-2019 agreement. This application was heard by the Fair Work Commission (FWC). The legal issues before the court encompassed whether the proposed changes to the Enterprise Agreement were justifiable under the Fair Work Act 2009 and if they aligned with the principles of good faith bargaining and fairness.

The court was tasked with determining if the proposed variations genuinely addressed issues affecting the ongoing operation of the business and employee welfare. The argument centred on whether the changes proposed by Commercial Aquatics Australia were necessary and reasonable given the circumstances. The CEPU - Plumbing Division Victorian Branch contended that the proposed changes did not adequately consider employee interests and were not in line with the principles of good faith bargaining. The FWC considered the economic context of the business, the nature of the proposed changes, and the necessity for the alterations to ensure the business's sustainability.

Upon reviewing the submissions and evidence presented by both parties, the FWC determined that the proposed variations were necessary and reasonable. The court found that the changes were aimed at addressing critical operational issues and were made in good faith. The FWC emphasised the importance of balancing the needs of the business with the rights of employees, and in this instance, concluded that the variations were justified. Consequently, the application for the variation of the Enterprise Agreement was approved, subject to the terms and conditions set out in the decision.

Commercial Aquatics Australia Pty Ltd T/A Commercial Aquatics Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established