DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/5449)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 16 JUNE 2021

Application for variation of the Austpipe 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 Austpipe 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 16 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case of Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the union sought to vary the Austpipe Plumbing Services Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical Enterprise Agreement 2019-2023. The application was heard in the Fair Work Commission, which has jurisdiction to make decisions on enterprise agreements and related matters. The union argued that changes in economic conditions and industry standards warranted adjustments to the agreement to ensure fair and reasonable terms for employees.

The central legal issue before the Commission was whether the proposed variations to the enterprise agreement were consistent with the objectives of the Fair Work Act 2009. Specifically, the Commission had to assess if the changes were in the best interests of the employees, whether they provided for the fair and reasonable terms and conditions of employment, and if they complied with relevant provisions of the Act. Additionally, the Commission needed to consider whether the changes were procedurally fair, given the process followed in reaching the agreement.

The Fair Work Commission found that the proposed variations were in the best interests of the employees, as they reflected changes in the industry and economic conditions. The Commission determined that the changes provided for fair and reasonable terms and conditions of employment, and were consistent with the objectives of the Fair Work Act. The Commission also found that the process followed in reaching the agreement was procedurally fair, as it involved genuine bargaining and consultation between the parties. Consequently, the Commission approved the variations to the enterprise agreement.

The Fair Work Commission's decision to approve the variations to the Austpipe Plumbing Services Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical Enterprise Agreement 2019-2023 provides guidance to employers and unions in similar circumstances. The decision reinforces the importance of considering changes in industry and economic conditions when negotiating enterprise agreements and highlights the need for genuine bargaining and consultation to ensure procedural fairness. The outcome of this case may have implications for other enterprise agreements in the plumbing and allied services industries.

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