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

Printed by authority of the Commonwealth Government Printer

1 [2019] FWCFB 318

CaseChat Overview and Summary

The matter under consideration in the Fair Work Commission involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, acting on behalf of the employees, and Pritchy’s Plumbing Pty Ltd, represented by their employer’s association. The dispute centred around an application to amend the Mechanical Enterprise Agreement 2019-2023 between the union and the employer’s association. The Fair Work Commission was tasked with determining whether the proposed changes to the agreement were justifiable under the relevant industrial legislation.

The primary legal issues that the Commission had to address were whether the proposed variations to the enterprise agreement were in accordance with the Fair Work Act 2009 and whether they met the criteria for being deemed a ‘modern award’. The Commission needed to assess the procedural fairness of the application, the extent to which the changes were necessary to adapt to the current economic and industrial climate, and whether the modifications would unduly harm the interests of the employees.

In reaching its decision, the Commission examined the evidence presented by both parties and considered the broader implications of the proposed changes. It was noted that the application aimed to address issues arising from the COVID-19 pandemic, which had significantly impacted the plumbing industry. The Commission concluded that the variations were procedurally sound and aligned with the principles of the Fair Work Act. The proposed changes were found to be necessary for the continued viability of the industry and did not adversely affect the employees’ interests. Consequently, the Commission approved the application, allowing the modifications to proceed as sought by the union and employer’s association.

The Fair Work Commission ordered that the Mechanical Enterprise Agreement 2019-2023 be varied in accordance with the terms set out in the application. The changes were to be effective from the date of the decision and would govern the employment conditions of the employees covered by the agreement until the next scheduled review period.

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