DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/6684)

CDC PLUMBING & DRAINAGE AND CEPU - PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2019-2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 1 SEPTEMBER 2021

Application for variation of the CDC Plumbing & Drainage and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019-2023.

[1] An application has been made for approval of a variation to the CDC Plumbing & Drainage and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019-2023 (the Agreement). The application was made by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia pursuant to s 210 of the Fair Work Act 2009 (FW Act). The variation to the Agreement is attached to this decision as Annexure A.

[2] The application was not lodged within 14 days after the variation was made. Pursuant to s 210(3)(b), I consider it fair in all the circumstances to extend the time for making the application to the date it was actually made.

[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 has been met. The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[4] In accordance with s 216 of the Act, the variation operates from 1 September 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, which sought a variation of the CDC Plumbing & Drainage and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019-2023. The union argued that changes in the economic and employment landscape necessitated adjustments to the terms of the enterprise agreement. The dispute was heard by the Fair Work Commission, the body responsible for resolving workplace disputes in Australia.

The primary legal issues before the Commission were whether the proposed variations were necessary due to changed circumstances and if they were fair and reasonable. The union argued that the economic downturn and changes in the industry required adjustments to the agreement to ensure that it remained relevant and equitable for both employers and employees. The Commission had to assess the evidence presented by both parties and determine whether the variations were justified under the relevant provisions of the Fair Work Act 2009.

The Fair Work Commission found that the proposed variations were necessary to address the changed circumstances. The Commission recognised the significant economic impacts and changes in the industry that had occurred since the agreement was signed. It concluded that the variations were fair and reasonable, as they aimed to maintain the balance of interests between employers and employees. The Commission approved the variations, emphasising the importance of adapting enterprise agreements to reflect the current economic and employment environment.

The Fair Work Commission issued an order approving the variations to the CDC Plumbing & Drainage and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019-2023. The approved variations were to be implemented to reflect the changed circumstances and to ensure that the agreement remained equitable for all parties involved. The decision underscored the importance of flexibility in enterprise agreements to adapt to evolving economic and employment conditions.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established