DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/4510)

BROWN & MOODIE (NSW) MECH PIPE PTY LTD & CEPU PLUMBING DIVISION - NSW BRANCH MECHANICAL ENTERPRISE AGREEMENT 2019-2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 23 APRIL 2021

Application for variation of the Brown & Moodie (NSW) Mech Pipe 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 Brown & Moodie (NSW) Mech Pipe 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 23 April 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, who brought an application for the variation of the Brown & Moodie (NSW) Mech Pipe Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical Enterprise Agreement 2019-2023. The application was made in the Fair Work Commission, and the union sought changes to the existing enterprise agreement to better reflect the terms and conditions of employment for its members. The union argued that certain provisions of the agreement were outdated and did not adequately address the needs of its members.

The legal issues before the Commission included whether the proposed variations to the enterprise agreement were consistent with the principles of good faith bargaining and whether the changes would be in the best interests of the employees and the employer. The union argued that the proposed changes were necessary to address issues such as wage rates, working conditions, and other employment terms that had not been adequately addressed in the original agreement. The employer, on the other hand, argued that some of the proposed changes would have a significant impact on its business operations and would not be in its best interests.

The Commission found that the union had made out a case for the proposed variations and that the changes were in the best interests of the employees and the employer. The Commission noted that the union had demonstrated that the proposed changes were necessary to address issues that had not been adequately addressed in the original agreement, and that the changes would improve the terms and conditions of employment for the union's members. The Commission also found that the employer had not demonstrated that the proposed changes would have a significant negative impact on its business operations. The Commission therefore granted the union's application for variation of the enterprise agreement.

The final orders of the Commission included variations to the enterprise agreement in relation to wage rates, working conditions, and other employment terms. The Commission also ordered that the variations would be effective from the date of the decision and that the employer and the union would be required to give each other at least 30 days' written notice of any proposed changes to the agreement in the future. The Commission's decision provides important guidance for employers and unions in relation to the negotiation and variation of enterprise agreements in Australia.

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