DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/5089)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 20 MAY 2021

Application for variation of the Rabs Plumbing Services 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 Rabs Plumbing Services 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 20 May 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter in question involves the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) seeking a variation of the Rabs Plumbing Services Pty Ltd & CEPU Plumbing Division – NSW Branch Plumbing Enterprise Agreement 2019-2023. The Union's application was lodged in the Fair Work Commission, which was tasked with determining whether the proposed changes to the enterprise agreement met the necessary criteria for approval. The dispute centred on the procedural and substantive fairness of the proposed amendments to the agreement.

The primary legal issues for the Commission to address included whether the Union had followed the appropriate procedures in proposing the variation and whether the proposed changes were fair and reasonable. The Commission was required to examine if the Union had complied with the statutory requirements for proposing variations to an enterprise agreement, including providing adequate notice to the employer and ensuring that the changes were negotiated in good faith. Additionally, the Commission had to assess the substantive fairness of the proposed amendments, considering the interests of both the employees and the employer.

The Commission found that the Union had indeed followed the correct procedures in proposing the variation, as it had provided the requisite notice to the employer and engaged in negotiations. The Commission further determined that the proposed changes were fair and reasonable, taking into account the interests of both parties. The Union had demonstrated that the amendments were necessary to address evolving industry standards and to ensure that the enterprise agreement remained relevant and effective. Consequently, the Commission approved the proposed variations to the enterprise agreement.

As a result of the Commission's decision, the Rabs Plumbing Services Pty Ltd & CEPU Plumbing Division – NSW Branch Plumbing Enterprise Agreement 2019-2023 was varied as proposed by the Union. The approved changes are now binding on both the employer and the employees covered by the agreement, effective from the date of the Commission's decision. The employer and the Union must now implement the amended terms of the agreement, ensuring that all employees are informed of the changes and that the new provisions are adhered to in practice.

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