DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/4921)

CDC PLUMBING & DRAINAGE & CEPU PLUMBING DIVISION - NSW BRANCH PLUMBING ENTERPRISE AGREEMENT 2019-2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 13 MAY 2021

Application for variation of the CDC Plumbing & Drainage & CEPU Plumbing Division - NSW Branch Plumbing Enterprise Agreement 2019-2023.

[1] An application has been made for approval of a variation to the CDC Plumbing & Drainage & 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 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 the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the NSW Branch of the CEPU Plumbing Division. The Union sought to vary the terms of the Plumbing Enterprise Agreement 2019-2023, specifically concerning the application of penalty rates to certain employees. The Commission was tasked with determining whether the proposed changes were fair and reasonable, and whether they complied with the applicable statutory provisions.

The legal issues before the Commission included whether the proposed changes to the penalty rates were justified under the Fair Work Act 2009 and whether the changes were necessary to address a genuine workplace issue. The Union argued that the changes were necessary to address inconsistencies in the application of penalty rates and to ensure that all employees received fair and equitable treatment. The respondents, on the other hand, argued that the proposed changes would result in increased costs and would not achieve the desired outcomes.

After considering the evidence and submissions from both parties, the Commission found that the proposed changes were fair and reasonable. The Commission was satisfied that the changes were necessary to address the genuine workplace issue of inconsistencies in the application of penalty rates and that the changes would not result in significant adverse economic or employment consequences. The Commission also found that the changes complied with the relevant provisions of the Fair Work Act 2009.

Accordingly, the Commission varied the relevant sections of the Plumbing Enterprise Agreement 2019-2023 to reflect the changes proposed by the Union. The changes included the introduction of a new classification for certain employees and the application of penalty rates to that classification. The Commission's decision was based on the evidence and submissions presented by both parties and its determination that the changes were fair and reasonable.

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