DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/4703)

INLINE MECHANICAL INSTALLATIONS 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 Inline Mechanical Installations 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 Inline Mechanical Installations 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 have 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

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the "Applicant") filed an application seeking a variation of the Inline Mechanical Installations Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical Enterprise Agreement 2019-2023 (the "Agreement"). The Applicant sought to amend the Agreement to include provisions concerning the use of artificial intelligence in the workplace, aiming to address potential employment and occupational health and safety implications arising from the integration of AI technologies in mechanical installations.

The primary legal issue before the Commission was whether the proposed variations were within the scope of the existing enterprise agreement and whether they could be considered as necessary adjustments to accommodate changes in the industry. The Applicant argued that the incorporation of AI technology in mechanical installations necessitated specific terms to protect employees and ensure safe working conditions. Conversely, the employer, Inline Mechanical Installations Pty Ltd, contended that the proposed changes went beyond the permissible scope of the Agreement and introduced new, unbargained-for terms that could not be unilaterally altered.

The Commission, after careful consideration, determined that the proposed variations indeed fell within the scope of the existing enterprise agreement as they were directly related to changes in the industry and the use of AI technology in mechanical installations. The Commission held that it was appropriate to incorporate provisions addressing the use of AI to ensure employee protection and workplace safety, as these were matters that could reasonably be expected to be covered by the Agreement. Consequently, the Commission granted the Applicant's application for variation, allowing the inclusion of the proposed terms in the Agreement.

As a result of the Commission's decision, the Agreement was varied to include specific provisions concerning the use of artificial intelligence in the workplace. These provisions aimed to address potential employment and occupational health and safety implications arising from the integration of AI technologies in mechanical installations. The final orders of the Commission mandated that the new terms be incorporated into the Agreement, effective from the date of the decision.

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