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

[2021] FWCA 4052

[2021] FWCA 4052

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
(AG2021/5664)

PRITCHY’S PLUMBING PTY LTD & CEPU PLUMBING DIVISION - NSW BRANCH MECHANICAL ENTERPRISE AGREEMENT 2019-2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 12 JULY 2021

Application for variation of the Pritchy’s Plumbing Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical Enterprise Agreement 2019-2023.

[1] An application has been made for approval of a variation to the Pritchy’s Plumbing Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical 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] While the application is generally in order, the employees were not provided with the voting details seven clear days before the vote on the variation to the Agreement. However, in all the circumstances, and having regard to the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others, 1 I am satisfied that this constitutes a minor procedural or technical error for the purposes of s 188(2)(a), and that the employees covered by the variation were not likely to have been disadvantaged by the error. As a result, I am satisfied that the variation has been genuinely agreed within the meaning of s 188(2) of the Act, as it applies to variations because of s 211(3)(c))

[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 12 July 2021.

DEPUTY PRESIDENT

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 1   [2019] FWCFB 318