DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/4444)

PLANET PLUMBING NSW PTY LTD & CEPU PLUMBING DIVISION - NSW BRANCH PLUMBING ENTERPRISE AGREEMENT 2019-2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 15 APRIL 2021

Application for variation of the Planet 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 Planet 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 15 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 and Planet Plumbing NSW Pty Ltd. The union sought to vary the existing enterprise agreement between the parties, specifically concerning the plumbing division in New South Wales. The case was heard in the Fair Work Commission. The union argued that changes in the industry, particularly the growth of the franchising model, necessitated amendments to the agreement to ensure fair treatment of employees within this new business structure.

The central legal issues before the Commission were whether the proposed changes to the enterprise agreement were reasonable and necessary to address the evolving business model of Planet Plumbing NSW Pty Ltd. The union contended that the existing agreement did not adequately protect employees in the rapidly growing franchise sector, while the employer argued that the proposed changes were excessive and not justified under the circumstances. The Commission had to balance the need for updated protections with the employer's rights to manage their business efficiently.

The Fair Work Commission carefully considered the evidence and submissions from both parties. It concluded that the union had demonstrated a sufficient need for changes to address the unique challenges posed by the franchise model. The Commission found that certain provisions of the proposed variation were necessary to ensure fair treatment and compliance with modern employment standards. Consequently, the Commission approved the variation of the enterprise agreement, incorporating specific changes to better reflect the realities of the plumbing industry's business practices. These changes included provisions aimed at ensuring consistent application of the agreement across franchised operations and addressing specific concerns raised by the union regarding employee protections.

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