DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/5681)

FLUID CONTRACTING PTY LTD & CEPU PLUMBING DIVISION - NSW BRANCH PLUMBING ENTERPRISE AGREEMENT 2019-2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 30 JUNE 2021

Application for variation of the Fluid Contracting 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 Fluid Contracting 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 30 June 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, along with CEPU Plumbing Division – NSW Branch, and Fluid Contracting Pty Ltd. The union and its branch sought to vary the terms of the Fluid Contracting Pty Ltd & CEPU Plumbing Division – NSW Branch Plumbing Enterprise Agreement 2019-2023, which governs the employment conditions for plumbers working for Fluid Contracting. The dispute arose from disagreements over the application of certain clauses in the agreement and the need for amendments to address changing industry conditions and employee expectations.

The central legal issues before the court were whether the proposed variations to the enterprise agreement were procedurally valid and whether they represented a genuine attempt to negotiate in good faith. The court had to determine whether the union and employer had followed the appropriate process for seeking variations, including whether they had genuinely attempted to negotiate and whether the proposed changes met the threshold for good faith bargaining. The court also had to assess whether the variations would adversely affect the employees' conditions of employment and whether they were necessary to address issues of fairness and practicality in the workplace.

In delivering its judgment, the court found that the union and employer had indeed followed the correct procedural steps in seeking the variations. The court determined that the evidence demonstrated a genuine attempt at negotiation and concluded that the proposed changes were necessary to address the changing dynamics of the plumbing industry. The court emphasised the importance of maintaining a balance between the rights of employers and employees and found that the variations did not adversely affect the employees' conditions. The court also noted that the changes were aimed at ensuring the agreement remained fair and practical, thereby promoting industrial harmony and preventing disputes. The application for variation was subsequently approved, and the terms of the enterprise agreement were amended accordingly.

The final orders of the court confirmed the approval of the variations to the enterprise agreement. The changes were set to take effect from a specified date, ensuring that the updated terms would govern the employment conditions for plumbers working for Fluid Contracting moving forward. The court's decision underscored the importance of good faith negotiations and the need for enterprise agreements to evolve in response to changing industry conditions while maintaining fairness and practicality for all parties involved.

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