DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/5562)

D&W PLUMBING AND CIVIL CONTRATORS 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 D&W Plumbing and Civil Contractors 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 D&W Plumbing and Civil Contractors 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 applicant union sought to vary the Plumbing Enterprise Agreement between D&W Plumbing and Civil Contractors Pty Ltd and the CEPU Plumbing Division - NSW Branch for the period 2019-2023. The union contended that the agreement did not adequately address the safety and health of workers, particularly in relation to asbestos exposure, and sought amendments to improve safety standards. The matter was heard in the Fair Work Commission. The primary legal issue before the Commission was whether the proposed variations to the enterprise agreement would provide for a better outcome for the employees in terms of health and safety, particularly with respect to the management of asbestos. The Commission had to assess the necessity and reasonableness of the proposed changes, considering both the interests of the employees and the operational needs of the employer.

The Fair Work Commission found that the proposed variations were necessary to address significant health and safety risks associated with asbestos exposure in the workplace. The Commission noted that the existing agreement did not sufficiently address these risks, and the proposed changes aimed to implement stricter controls and protocols to mitigate the hazards. The union presented evidence demonstrating the potential health risks to employees and argued that the changes were essential to protect worker safety. The Commission concluded that the proposed variations were reasonable and would result in a better outcome for the employees by enhancing their health and safety protections. Consequently, the application for variation was approved, and the amended terms were incorporated into the enterprise agreement.

In light of the findings, the Fair Work Commission ordered that the Plumbing Enterprise Agreement between D&W Plumbing and Civil Contractors Pty Ltd and the CEPU Plumbing Division - NSW Branch be varied to include the proposed changes concerning the management of asbestos and other safety measures. The new terms were to come into effect from the date of the decision, ensuring that the employees would benefit from the enhanced safety protocols. The employer was required to implement the changes in accordance with the amended agreement, thereby addressing the health and safety concerns raised by the union.

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