DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/4443)

PLANET MECHANICAL 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 Planet Mechanical 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 Planet Mechanical Services Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical 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 14 April 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia sought to vary the Mechanical Enterprise Agreement between Planet Mechanical Services Pty Ltd and the CEPU Plumbing Division - NSW Branch, covering the period from 2019 to 2023. The application was heard and determined by the Fair Work Commission, with the union arguing that certain clauses of the agreement required adjustment to better reflect the needs of its members. The employer, Planet Mechanical Services, opposed the application, arguing that the existing terms were fair and reasonable.

The legal issues before the Commission centred on whether the proposed variations to the agreement would be in the best interests of the employees and whether they were necessary to address any deficiencies in the existing terms. The union argued that certain clauses did not adequately protect its members' interests, particularly in relation to wages and working conditions. The employer, on the other hand, contended that the existing terms were sufficient and that any changes would be detrimental to the business.

After considering the evidence and arguments presented by both parties, the Commission determined that some of the proposed variations were in the best interests of the employees and should be implemented. The Commission found that certain clauses of the agreement were inadequate and required adjustment to better reflect the needs of the union members. However, the Commission also found that some of the proposed changes were not necessary and would not provide any significant benefit to the employees. The Commission therefore varied the agreement in part, implementing some of the proposed changes while rejecting others.

The final orders of the Commission included variations to certain clauses of the agreement, including changes to wages and working conditions. The employer was directed to implement these changes in accordance with the terms of the varied agreement. The union was also granted leave to apply for a review of the decision within 14 days of the decision being made.

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