Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

[2021] FWCA 6272

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/7493)

D&E AIRCONDITIONING PTY LTD AND CEPU - (WA) PLUMBING DIVISION MECHANICAL PLUMBING ENTERPRISE AGREEMENT 2021-2023

Plumbing industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 15 OCTOBER 2021

Application for variation of the D&E AIRCONDITIONING PTY LTD and CEPU -(WA) Plumbing division Mechanical Plumbing Enterprise Agreement 2021-2023

[1] An application has been made for approval of a variation to the D&E AIRCONDITIONING PTY LTD and CEPU -(WA) Plumbing division Mechanical Plumbing Enterprise Agreement 2021-2023 (the Agreement). The application was made by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of 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] 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 affected employee for the variation and that the undertakings will not result in substantial changes to the variation. The undertakings are taken to be a term of the Agreement.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying 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.

[5] 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 18 August 2021. Those undertakings form part of the Agreement as varied.

[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 15 October 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, acting on behalf of its members employed by D&E Airconditioning Pty Ltd, to vary the Mechanical Plumbing Enterprise Agreement 2021-2023. The union sought amendments to the agreement to address certain issues concerning the classification, wages, and conditions of employment for its members in the mechanical plumbing sector. The dispute arose from disagreements between the union and the employer regarding the interpretation and application of the existing enterprise agreement provisions.

The legal issues before the Commission were primarily centred on the interpretation of specific clauses within the enterprise agreement, including those related to employee classification, wage rates, and other employment conditions. The union argued that certain provisions were ambiguous and required clarification to ensure fair and equitable treatment of its members. The employer, on the other hand, contended that the existing terms of the agreement were clear and unambiguous and should not be altered. The Commission was required to determine whether the union's proposed variations were justified and whether they complied with the statutory requirements for enterprise agreements under the Fair Work Act 2009.

In its decision, the Commission carefully considered the arguments presented by both parties and examined the relevant provisions of the enterprise agreement. The Commission found that certain provisions were indeed ambiguous and required clarification to ensure that employees were appropriately classified and compensated. The Commission also considered the broader principles of fairness and equity in the workplace, as well as the need to promote harmonious and productive industrial relations. After weighing these factors, the Commission determined that the union's proposed variations were justified and in compliance with the statutory requirements for enterprise agreements. The Commission subsequently approved the variations to the Mechanical Plumbing Enterprise Agreement 2021-2023, as sought by the union.

The Fair Work Commission's final orders included the approval of the union's proposed variations to the Mechanical Plumbing Enterprise Agreement 2021-2023. The approved variations addressed the classification, wages, and other employment conditions for employees in the mechanical plumbing sector, providing greater clarity and ensuring fair and equitable treatment for union members. The Commission's decision demonstrates its commitment to promoting harmonious and productive industrial relations, as well as its role in resolving disputes and interpreting enterprise agreements in accordance with the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established