DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/1032)

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

Plumbing industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 17 APRIL 2020

Application for variation of the Azure Plumbing Services 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 Azure Plumbing Services 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 seeks to vary various clauses of 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 Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 25 March 2020. Those undertakings form part of the Agreement as varied.

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

[6] In accordance with s.216 of the Act, the variation operates from 17 April 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, acting on behalf of its members employed by Azure Plumbing Services Pty Ltd, to the Fair Work Commission for a variation of the existing Plumbing Enterprise Agreement 2019-2023 with CEPU Plumbing Division - NSW Branch. The union sought to amend certain provisions of the agreement to better reflect the current employment conditions and to address discrepancies that had arisen since the agreement's inception. The dispute centred around several clauses, including those related to remuneration, working hours, and leave entitlements, with the union arguing that the original terms did not adequately protect its members' interests.

The central legal issues that the Fair Work Commission had to address included whether the proposed variations were consistent with the provisions of the Fair Work Act 2009, and whether the changes would result in improved working conditions for the employees covered by the agreement. Additionally, the commission needed to consider whether the variations were in line with the principles of good faith bargaining and whether they would promote harmonious, productive, and cooperative workplace relations. The union argued that the changes were necessary to address real-world issues that had emerged during the life of the agreement, while the employer contended that the proposed amendments were excessive and would disrupt the existing balance between the parties.

In its decision, the Fair Work Commission found that several of the proposed variations were justified and should be implemented to ensure that the agreement accurately reflected the current employment conditions. The commission noted that some of the changes proposed by the union were necessary to address issues that had arisen since the agreement's inception and that the variations would not unduly prejudice the employer's interests. The commission also considered the importance of promoting good faith bargaining and maintaining cooperative workplace relations, and determined that the proposed changes aligned with these principles. As a result, the commission approved several of the union's proposed variations to the agreement, while rejecting others that it found to be excessive or not in line with the legislative framework.

The final orders of the Fair Work Commission included the approval of specific variations to the Plumbing Enterprise Agreement 2019-2023, with effect from the date of the decision. These variations addressed key areas such as remuneration, working hours, and leave entitlements, and were intended to better reflect the current employment conditions for the employees covered by the agreement. The commission also directed that the new terms be communicated to all relevant parties and that any disputes arising from the implementation of the variations be referred to the commission for resolution.

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