DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/4504)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 22 APRIL 2021

Application for variation of the Brown & Moodie (NSW) Pty Ltd & CEPU Plumbing Division - NSW Branch Plumbing Enterprise Agreement 2019-2023.

[1] An application has been made for approval of a variation to the Brown & Moodie (NSW) Pty Ltd & 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 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 22 April 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Applicant) to the Fair Work Commission (the Commission) for a variation of the Brown & Moodie (NSW) Pty Ltd & CEPU Plumbing Division - NSW Branch Plumbing Enterprise Agreement 2019-2023. The Applicant sought to address certain issues arising from the ongoing COVID-19 pandemic and the economic impacts it had on employees covered by the agreement.

The legal issues before the Commission were whether the changes proposed by the Applicant were necessary to address the specific circumstances caused by the pandemic and whether the proposed changes were reasonable and in line with the principles of good faith bargaining and fairness. The Commission had to consider the impact of the pandemic on the employees and the broader industry, as well as the implications of the proposed changes for both the employees and the employer.

The Commission found that the COVID-19 pandemic had indeed caused significant economic hardship for employees in the plumbing industry, and the proposed changes were necessary to address the specific circumstances arising from the pandemic. The changes included provisions for job security, wage support, and flexibility in working arrangements. The Commission determined that the proposed changes were reasonable and in line with the principles of good faith bargaining and fairness. The Commission accepted that the changes were necessary to protect employees from the adverse economic effects of the pandemic and to support the industry during a time of crisis. The Commission granted the variation to the enterprise agreement, incorporating the proposed changes.

The Commission's decision resulted in a modified enterprise agreement that included provisions addressing job security, wage support, and flexibility in working arrangements. The changes were aimed at providing relief to employees and supporting the industry during the challenging period caused by the pandemic.

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