DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/5311)

SYFON SYSTEMS PTY LTD & CEPU PLUMBING DIVISION - NSW BRANCH PLUMBING ENTERPRISE AGREEMENT 2019-2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 3 JUNE 2021

Application for variation of the Syfon Systems 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 Syfon Systems 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 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 case involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) to the Fair Work Commission (the Commission) for a variation of the Syfon Systems Pty Ltd & CEPU Plumbing Division - NSW Branch Plumbing Enterprise Agreement 2019-2023. The applicant sought to amend various provisions of the existing enterprise agreement, including changes to hours of work, penalty rates, and allowances. Syfon Systems Pty Ltd (the Employer) opposed the application, arguing that the proposed changes would result in excessive costs and undermine the financial viability of the business.

The central legal issues before the Commission were whether the proposed changes were consistent with the principles of procedural fairness, good faith bargaining, and whether the changes were reasonable in the circumstances. The Union argued that the changes were necessary to address issues of inequity and to ensure that the agreement remained fair and effective in a changing economic environment. The Employer, on the other hand, contended that the proposed changes were excessive and would result in significant financial strain on the business, potentially leading to job losses and reduced service levels.

The Commission found that the Union had demonstrated a clear need for the proposed changes, particularly in relation to addressing inequities in the existing agreement. The Commission acknowledged the importance of maintaining fair and effective enterprise agreements in the context of economic uncertainty. The Commission also noted the Union’s efforts to negotiate with the Employer in good faith and the Employer’s resistance to change. After considering all the evidence and arguments, the Commission determined that the proposed changes were reasonable and in line with the principles of procedural fairness and good faith bargaining.

The Commission varied the enterprise agreement in accordance with the Union’s application, making amendments to the hours of work, penalty rates, and allowances as proposed. The Commission emphasised the importance of ongoing dialogue and negotiation between the parties to ensure that the agreement remains fair and effective in the future.

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