DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/5309)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 3 JUNE 2021

Application for variation of the HVAC Australia 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 HVAC Australia 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 section 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 3 June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission concerned an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia to vary the HVAC Australia Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical Enterprise Agreement 2019 - 2023. The union sought changes to the agreement's provisions regarding overtime pay and shift allowances. The union argued that the current terms did not adequately reflect the realities of the industry and the working conditions faced by employees, thus impacting their remuneration.

The legal issues at the heart of the case revolved around whether the proposed variations to the enterprise agreement were fair and reasonable. The union contended that the existing terms were outdated and did not account for modern industry standards. The employer, HVAC Australia Pty Ltd, opposed the application, asserting that the proposed changes would impose unnecessary financial burdens and disrupt the operational dynamics of the business.

The Commission considered the evidence and submissions from both parties. It noted the union's argument that the changes were necessary to align the agreement with industry standards and to ensure fair compensation for employees. The Commission also acknowledged the employer's concerns about the potential financial implications of the changes. After weighing the evidence, the Commission found that the proposed variations were reasonable and in line with the principles of fairness and equity. Consequently, the application was approved, and the enterprise agreement was varied as requested by the union.

The final orders of the Commission mandated that the enterprise agreement be amended to reflect the approved changes, which included revised provisions for overtime pay and shift allowances. The employer was directed to implement these changes within a specified timeframe, ensuring that employees were appropriately compensated for their work under the updated terms.

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