DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/5094)

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

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 20 MAY 2021

Application for variation of the Polaris Mechanical 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 Polaris Mechanical 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 20 May 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Polaris Mechanical Pty Ltd, concerning an application to vary the Polaris Mechanical Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical Enterprise Agreement 2019-2023. The Union sought changes to the agreement, including modifications to the shift patterns, leave entitlements, and wage rates for employees. The court was tasked with determining whether the proposed variations were reasonable and in line with the relevant industrial legislation.

The primary legal issue was whether the proposed variations to the enterprise agreement were fair and reasonable, taking into account the requirements of the Fair Work Act 2009. The Union argued that the changes were necessary to address workforce concerns and to improve the overall working conditions. Polaris Mechanical Pty Ltd, on the other hand, contended that the proposed changes were not warranted and would have adverse effects on their business operations. The court needed to assess the arguments from both parties and decide whether the variations were in the best interests of the employees and the employer.

The court considered the arguments presented by both parties and examined the provisions of the Fair Work Act 2009. It was found that the proposed variations were reasonable and fair, as they addressed the concerns raised by the employees and aimed to improve their working conditions. The court also considered the potential impact of the changes on the employer's business operations and determined that the benefits of the variations outweighed any potential negative effects. Consequently, the court ruled in favour of the Union and granted the application to vary the enterprise agreement.

The final orders of the court included the approval of the proposed variations to the Polaris Mechanical Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical Enterprise Agreement 2019-2023. The variations encompassed changes to the shift patterns, leave entitlements, and wage rates for employees. The new agreement came into effect from the date of the court's decision, and both parties were required to comply with the terms of the modified enterprise agreement.

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