DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/5488)

COUNTRY AIR PLUMBING SERVICES 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 Country Air Plumbing Services 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 Country Air Plumbing Services 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 parties involved in this case were the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) and Country Air Plumbing Services Pty Ltd (Country Air). The Union brought an application to the Fair Work Commission to vary the Mechanical Enterprise Agreement 2019-2023 between Country Air and the CEPU Plumbing Division - NSW Branch. The Union sought changes to the agreement in response to alleged underpayments of wages and entitlements by Country Air. The dispute was heard and determined by the Fair Work Commission.

The primary legal issue before the Commission was whether the Union had provided sufficient evidence to support the claims of underpayment and whether the proposed changes to the agreement would remedy the situation. The Union argued that Country Air had failed to properly classify employees, resulting in the underpayment of wages and entitlements. The Union sought to have the classification of employees amended to rectify the issue. The Commission was required to determine whether the evidence supported the Union's claims and whether the proposed changes were appropriate to address the alleged underpayments.

The Commission found that the Union had provided sufficient evidence to support its claims of underpayment. The evidence demonstrated that Country Air had failed to properly classify employees, resulting in the underpayment of wages and entitlements. The Commission held that the proposed changes to the agreement were appropriate to address the issue and provide fair and reasonable outcomes for employees. The Commission varied the agreement to include the proposed changes, which included amendments to the classification of employees and corresponding changes to wages and entitlements. The decision was made in favour of the Union, and the agreement was varied as sought.

The final orders of the Commission included variations to the Mechanical Enterprise Agreement 2019-2023 between Country Air and the CEPU Plumbing Division - NSW Branch. The variations included changes to the classification of employees, wages, and entitlements to address the issue of underpayment. The changes were effective from the date of the decision and applied to all employees covered by the agreement. The decision provided a remedy for the Union's claims and ensured that employees received fair and reasonable outcomes.

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