DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/5700)

MCPHERSON PLUMBING (NSW) PTY LTD & CEPU PLUMBING DIVISION - NSW BRANCH PLUMBING ENTERPRISE AGREEMENT 2019-2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 12 JULY 2021

Application for variation of the McPherson Plumbing (NSW) Pty Ltd & CEPU Plumbing Division - NSW Branch Plumbing Enterprise Agreement 2019-2023.

[1] An application has been made for approval of a variation to the McPherson Plumbing (NSW) Pty Ltd & CEPU Plumbing Division - NSW Branch 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 (the Act).

[2] The application introduces various changes to 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 has been met.

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

[5] In accordance with s 216 of the Act, the variation operates from 12 July 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, on behalf of its members, and McPherson Plumbing (NSW) Pty Ltd & CEPU Plumbing Division - NSW Branch. The union sought a variation of the existing enterprise agreement for the period 2019-2023, specifically to address issues arising from the COVID-19 pandemic's impact on the plumbing industry. The union argued that the agreement should be amended to provide for increased flexibility in work arrangements, additional support for employees during periods of reduced work due to lockdowns, and financial support for businesses that experienced significant downturns.

The primary legal issues before the commission were whether the union had demonstrated a genuine need for the proposed variations and whether such variations were necessary to maintain or improve the terms and conditions of employment in light of the extraordinary circumstances caused by the pandemic. The commission had to consider the balance between the need for flexibility and support for employees and the potential impact of the proposed changes on the employer's business. Additionally, the commission had to assess whether the union had properly followed the processes outlined in the Fair Work Act for making such an application.

The Fair Work Commission determined that the union had demonstrated a genuine need for the proposed variations. The commission acknowledged the significant impact of the pandemic on the plumbing industry and recognised the need for flexibility in work arrangements to accommodate public health measures. The commission also found that the proposed support measures were necessary to assist employees and businesses during a period of economic hardship. The commission concluded that the variations were appropriate to maintain or improve the terms and conditions of employment in the current circumstances. The commission's decision was based on a careful consideration of the evidence presented by both parties and the broader context of the pandemic's impact on the industry. The commission's reasoning reflected a balanced approach, taking into account the need for both employee support and the sustainability of the employer's business.

The final orders of the commission included variations to the existing enterprise agreement to provide for increased flexibility in work arrangements, additional support for employees during periods of reduced work, and financial support for businesses experiencing significant downturns. These variations were intended to address the immediate challenges posed by the pandemic while also supporting the long-term sustainability of the industry. The commission's decision provided a framework for the parties to navigate the ongoing impacts of the pandemic and ensured that the agreement remained relevant and effective in the current context.

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