DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/4368)

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

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 7 APRIL 2021

Application for variation of the Axis Plumbing NSW Group 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 Axis Plumbing NSW Group 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). 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. The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[3] In accordance with s.216 of the Act, the variation operates from 7 April 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) and Axis Plumbing NSW Group Pty Ltd, along with the CEPU Plumbing Division - NSW Branch Plumbing Enterprise Agreement 2019-2023. The Union sought to vary the existing enterprise agreement to better reflect the changing work environment and the needs of the workforce. The application was heard in the Fair Work Commission, Australia's industrial relations tribunal.

The primary legal issues the Commission needed to address were whether the proposed variations to the enterprise agreement met the criteria set out in the Fair Work Act 2009, including whether they were fair and reasonable, and whether they addressed matters that were genuinely in the interest of the employees. The Union argued that the changes were necessary to ensure fair treatment and adequate protections for employees, while Axis Plumbing NSW Group Pty Ltd contended that some of the proposed changes would unduly burden the business and were not warranted.

In reaching its decision, the Commission considered the economic and social context of the application, the fairness of the proposed changes, and the impact on the parties involved. The Commission found that several of the proposed variations were necessary to address genuine issues affecting the employees and did not place an undue burden on the employer. The Commission approved the variations that it found to be fair and reasonable, while rejecting those that it deemed excessive or not in the best interest of the employees.

As a result, the Fair Work Commission varied the enterprise agreement in line with the approved changes. The final orders included adjustments to employee entitlements, work hours, and conditions of employment, reflecting the Commission's determination on the fairness and reasonableness of the proposed variations.

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