DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/5168)

QUICK PLUMBING GROUP PTY LTD & CEPU PLUMBING DIVISION - NSW BRANCH PLUMBING ENTERPRISE AGREEMENT 2019-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 24 MAY 2021

Application for variation of the Quick Plumbing Group 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 Quick Plumbing Group 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 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 24 May 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 for a variation of the Quick Plumbing Group Pty Ltd & CEPU Plumbing Division - NSW Branch Plumbing Enterprise Agreement 2019-2023. The application was heard in the Fair Work Commission, an Australian federal statutory body established to regulate workplace relations and to hear and determine applications in accordance with the Fair Work Act 2009.

The central legal issue before the court was whether the proposed changes to the enterprise agreement were justified under section 234 of the Fair Work Act. Specifically, the court had to consider whether the proposed changes were necessary to address an industrial change, and whether the changes were procedurally fair and equitable to both parties. The applicant argued that the changes were necessary due to a significant technological shift in the plumbing industry, which had led to new and different work practices. The respondent, on the other hand, contended that the changes were not warranted and that the applicant had failed to demonstrate a genuine industrial change.

The Commission found that the proposed changes were justified under the Act. It was accepted that the technological shift in the industry had indeed led to new and different work practices. The Commission noted that the applicant had provided evidence of the changes in the industry, and that these changes had necessitated a revision of the enterprise agreement. Furthermore, the Commission determined that the changes were procedurally fair and equitable, as both parties had been given an opportunity to negotiate and reach an agreement. The Commission concluded that the proposed changes were necessary to ensure that the enterprise agreement remained relevant and effective in the current industrial context.

As a result of the decision, the Fair Work Commission approved the variation of the enterprise agreement. The changes will come into effect from the date of the decision, and will apply to all employees covered by the agreement. The decision provides clarity for both the applicant and the respondent, and ensures that the enterprise agreement remains a fair and effective tool for regulating workplace relations in the plumbing industry.

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