DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/4509)

FORCE FIRE & SAFETY PTY LTD & CEPU/NFIA SPRINKLER FITTING FIRE PROTECTION UNION ENTERPRISE AGREEMENT NSW & ACT 2020/2024

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 23 APRIL 2021

Application for variation of the Force Fire & Safety Pty Ltd & CEPU/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020/2024.

[1] An application has been made for approval of a variation to the Force Fire & Safety Pty Ltd & CEPU/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020/2024 (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 23 April 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) to vary the Force Fire & Safety Pty Ltd & CEPU/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2020/2024 (the Agreement). The Union sought to amend various provisions of the Agreement to improve the terms and conditions of employment for its members, who are engaged by Force Fire & Safety Pty Ltd. The application was heard by the Commission in accordance with the Fair Work Act 2009.

The key legal issues that the Commission was required to decide included whether the proposed variations were necessary to address an imbalance in the Agreement, whether the variations were fair and reasonable, and whether the application met the requirements for a variation order under the Fair Work Act. The Union argued that the proposed changes were necessary to address issues such as wage disparities and inconsistent application of the Agreement's provisions. Force Fire & Safety Pty Ltd, on the other hand, contended that the proposed variations were not necessary and would result in an unfair increase in costs for the employer.

The Commission considered the evidence and submissions from both parties before making its decision. The Commission found that the proposed variations were necessary to address an imbalance in the Agreement and were fair and reasonable. The Commission noted that the proposed changes were aimed at improving the terms and conditions of employment for the Union's members and would not result in an unreasonable increase in costs for the employer. The Commission was satisfied that the application met the requirements for a variation order under the Fair Work Act and accordingly, made an order varying the Agreement in accordance with the Union's application.

The final orders of the Commission included variations to the Agreement to address issues such as wage disparities, inconsistent application of provisions, and other matters identified by the Union. The variations were to take effect from the date of the Commission's decision and would remain in force until the end of the Agreement's term, unless otherwise varied or terminated.

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