DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/5568)

CONFIDENT PLUMBING PTY LTD & CEPU PLUMBING DIVISION - NSW BRANCH MECHANICAL ENTERPRISE AGREEMENT 2019-2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 23 JUNE 2021

Application for variation of the Confident 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 Confident 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] 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 23 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) for variation of the Confident Plumbing Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical Enterprise Agreement 2019-2023. The Union sought to amend the enterprise agreement to address certain issues that arose during its operation. The case was heard in the Fair Work Commission, a specialist tribunal with jurisdiction over employment matters in Australia.

The primary legal issue before the Commission was whether the proposed changes to the enterprise agreement met the statutory criteria for approval under the Fair Work Act 2009. The Union argued that the changes were necessary to address issues that had arisen since the agreement's inception, including changes in the industry, economic conditions, and the need to ensure fairness and equity for the employees covered by the agreement. The employer, Confident Plumbing Pty Ltd, opposed the application, contending that the proposed changes were not in the best interests of the business and would impose additional costs and obligations.

In determining the application, the Commission considered the evidence and submissions from both parties. The Commission noted that the proposed changes were designed to address specific issues that had arisen since the agreement's inception and that the Union had demonstrated a genuine attempt to negotiate with the employer to resolve these issues. The Commission also considered the impact of the proposed changes on the employer's business and the employees covered by the agreement. Ultimately, the Commission found that the proposed changes met the statutory criteria for approval and granted the application for variation of the enterprise agreement.

The Fair Work Commission ordered that the Confident Plumbing Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical Enterprise Agreement 2019-2023 be varied as per the terms set out in the Union's application. The variation came into effect on the date of the Commission's decision and applied to all employees covered by the agreement. The employer was required to implement the changes within a specified timeframe and provide written notice to affected employees. The Union was also required to take steps to ensure that the employees were informed of the changes and their implications.

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