DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/4943)

D&E AIR CONDITIONING PTY LTD & CEPU PLUMBING DIVISION - NSW BRANCH MECHANICAL ENTERPRISE AGREEMENT 2019-2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 13 MAY 2021

Application for variation of the D&E Air Conditioning 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 D&E Air Conditioning Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical 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 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 13 May 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia to vary the D&E Air Conditioning Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical Enterprise Agreement 2019-2023. The union sought changes to the agreement to address issues of employee remuneration and conditions. The union argued that certain provisions of the agreement were unfair and did not adequately protect employees' rights and interests.

The legal issues before the Commission included whether the union had demonstrated that the existing provisions of the agreement were unfair, and if so, what changes were necessary to address the unfairness. The Commission had to consider the principles of procedural fairness, the bargaining power of the parties, and the objectives of the Fair Work Act 2009. Specifically, the Commission had to determine whether the union had provided sufficient evidence to establish that the existing provisions were unfair and whether the proposed changes were reasonable and necessary to address the identified issues.

In its decision, the Fair Work Commission found that the union had established that certain provisions of the agreement were unfair. The Commission noted that the union had provided evidence to demonstrate that employees were not receiving the minimum wages and conditions set out in the relevant award. The Commission also found that the existing provisions did not adequately protect employees' rights and interests, particularly in relation to overtime and penalty rates. The Commission determined that the proposed changes were reasonable and necessary to address the identified issues of unfairness. The Commission made orders varying the agreement to reflect the changes sought by the union, including adjustments to the minimum wage rates and conditions for overtime and penalty rates.

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