DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/4449)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 19 APRIL 2021

Application for variation of the Boone & Willard Plumbing 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 Boone & Willard Plumbing 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).

[1] The application introduces various changes to the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[2] 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.

[3] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[4] In accordance with s.216 of the Act, the variation operates from 19 April 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, as the applicant, seeking a variation of the Boone & Willard Plumbing Pty Ltd & CEPU Plumbing Division - NSW Branch Plumbing Enterprise Agreement 2019-2023. The application was heard by the Fair Work Commission (FWC). The union sought to amend certain provisions of the enterprise agreement to better address issues concerning employee conditions, particularly in relation to shift patterns and penalty rates. The dispute centred on the adequacy of the existing agreement in providing fair and reasonable work arrangements for the employees of Boone & Willard Plumbing Pty Ltd.

The primary legal issues before the FWC were whether the proposed changes to the enterprise agreement would result in improved conditions for the employees and whether these changes were necessary to address identified deficiencies in the current agreement. The FWC had to consider the principles of fairness, reasonableness, and the overall impact of the proposed changes on both the employees and the employer. The union argued that the current agreement did not adequately address certain working conditions, while the employer contended that the proposed changes would place an undue financial burden on the business.

In its decision, the FWC carefully examined the evidence and submissions from both parties. The commission acknowledged the importance of achieving a balance between the rights and interests of employees and employers. The FWC found that the proposed changes would indeed result in improved conditions for the employees, particularly in relation to shift patterns and penalty rates. The commission also considered the financial implications of the changes and concluded that the employer could reasonably accommodate the proposed amendments without causing undue hardship. Therefore, the FWC determined that the variations to the enterprise agreement were justified and in the best interests of all parties involved.

The FWC ordered the variation of the Boone & Willard Plumbing Pty Ltd & CEPU Plumbing Division - NSW Branch Plumbing Enterprise Agreement 2019-2023 in accordance with the terms outlined in the union's application. This decision ensures that the employees of Boone & Willard Plumbing Pty Ltd will benefit from improved working conditions, while also recognising the employer's need to maintain a viable and sustainable business.

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