DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/4453)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 21 APRIL 2021

Application for variation of the Central Plumbing (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 Central Plumbing (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 21 April 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application for the variation of the Central Plumbing (NSW) Pty Ltd & CEPU Plumbing Division - NSW Branch Plumbing Enterprise Agreement 2019-2023. The applicant, the union, sought changes to certain provisions of the agreement, while the employer opposed these variations. The dispute was heard and determined by the Australian Industrial Relations Commission.

The legal issues central to this case revolved around the interpretation and application of the Fair Work Act 2009 and the specific provisions of the enterprise agreement in question. The union argued that certain changes were necessary to address contemporary workplace realities and to better protect the rights and interests of the employees. Conversely, the employer contended that the proposed changes would undermine the balance struck by the original agreement and potentially disrupt the operational harmony within the workplace.

The court meticulously examined the arguments presented by both parties, considering the broader context of industrial relations and the specific terms of the enterprise agreement. It held that the union had not adequately demonstrated that the proposed variations were necessary or beneficial, particularly in the absence of evidence that the current provisions were inadequate or that the changes would not adversely impact the employer’s ability to manage its business. Consequently, the court dismissed the application for variation, maintaining the existing terms of the enterprise agreement.

The final orders of the court were that the application for the variation of the enterprise agreement be dismissed, and the terms of the Central Plumbing (NSW) Pty Ltd & CEPU Plumbing Division - NSW Branch Plumbing Enterprise Agreement 2019-2023 remain in effect as originally agreed.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

DECISION

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Background to the litigation

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Legal Principle Established