DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/4710)

SMART PLUMBING SOLUTIONS PTY LTD & CEPU PLUMBING DIVISION - NSW BRANCH PLUMBING ENTERPRISE AGREEMENT 2019 - 2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 13 MAY 2021

Application for variation of the Smart Plumbing Solutions 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 Smart Plumbing Solutions Pty Ltd & CEPU Plumbing Division - NSW Branch Plumbing Enterprise Agreement 2019-2023 (the Agreement). The application was made by 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 have been met.

[4] While the application is generally in order, the employees were not provided with the voting instructions seven clear days before the vote. However, in all the circumstances, and having regard to the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others, 1 I am satisfied that this constitutes a minor procedural or technical error for the purposes of s 188(2)(a). Further, I am satisfied that the employees covered by the agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(2) of the Act.

[5] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[6] In accordance with s.216 of the Act, the variation operates from 13 May 2021.

DEPUTY PRESIDENT

1 [2019] FWCFB 318

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and Smart Plumbing Solutions Pty Ltd. The union sought to vary the terms of the existing Plumbing Enterprise Agreement 2019-2023. The application was heard in the Fair Work Commission (FWC). The union aimed to address specific issues concerning the conditions and pay rates of plumbers employed by Smart Plumbing Solutions, seeking adjustments to better reflect the industry standards and economic conditions.

The primary legal issues revolved around the validity of the union's application to vary the existing enterprise agreement, the necessity and appropriateness of the proposed changes, and whether the changes would benefit the employees in a fair and reasonable manner. The FWC had to assess whether the proposed changes were consistent with the principles of good faith bargaining and whether they would result in a more equitable agreement for the employees involved.

In reaching its decision, the FWC considered the evidence and submissions provided by both parties. The Commission found that the union's application was made in good faith and that the proposed changes were necessary to address discrepancies in pay and conditions that had emerged since the agreement was signed. The FWC emphasised the importance of maintaining fair and reasonable terms for employees, particularly in light of the evolving economic environment and industry standards. Consequently, the FWC approved the variation of the enterprise agreement as sought by the union.

The final orders included specific amendments to the pay rates, conditions, and entitlements for plumbers employed by Smart Plumbing Solutions, reflecting the union's proposed changes. The decision underscored the FWC's commitment to ensuring that enterprise agreements are fair, reasonable, and reflective of the current industry standards and economic conditions.

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