DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/4427)

JENNINGS PIPEWORK SERVICES PTY LTD & CEPU PLUMBING DIVISION - NSW BRANCH MECHANICAL ENTERPRISE AGREEMENT 2019-2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 14 APRIL 2021

Application for variation of the Jennings Pipework Services 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 Jennings Pipework Services Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical Enterprise Agreement 2019-2023 (the Agreement). The application was made by the 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 has 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 14 April 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union), and Jennings Pipework Services Pty Ltd & CEPU Plumbing Division - NSW Branch (the Employer). The dispute centred on the Union's application for a variation of the Mechanical Enterprise Agreement 2019-2023, which governs the terms and conditions of employment for the mechanical workers under the Employer. The application was heard in the Fair Work Commission, the designated body for resolving workplace disputes under Australian labour law.

The legal issues the court needed to address included whether the proposed variations to the enterprise agreement were reasonable and necessary, and whether they complied with the provisions of the Fair Work Act 2009. The court had to consider whether the changes would promote harmonious, productive, and economic workplace relations, as well as whether the variations were in the best interests of the employees. Additionally, the court needed to determine whether the process followed to reach the proposed agreement was fair and whether the parties had acted in good faith.

In delivering its decision, the court analysed the evidence presented by both parties and assessed the proposed changes in light of the statutory requirements. The court concluded that the variations were necessary and reasonable, as they addressed specific issues raised by the employees and aimed to improve working conditions. The court found that the process followed to reach the agreement was fair and that both parties had acted in good faith. Consequently, the court approved the variations to the enterprise agreement, finding them to be in the best interests of the employees.

The Fair Work Commission ordered that the Mechanical Enterprise Agreement 2019-2023 be varied as per the terms proposed in the Union's application. The new agreement was to take effect from the date of the decision and would remain in force until the end of the original agreement's term. The court's decision ensured that the employees would benefit from the changes and that the workplace relations between the Union and the Employer would remain harmonious and productive.

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