DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2019/1892)

THE PIPE KING (AUST) PTY LTD T/A UNDERGROUND PLUMBING AND CEPU PLUMBING DIVISION PLUMBING UNION COLLECTIVE AGREEMENT 2015 - 2019

Plumbing industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 13 AUGUST 2019

Application for variation of The Pipe King (Aust) Pty Ltd t/a Underground Plumbing and CEPU Plumbing Division Plumbing Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of a variation to The Pipe King (Aust) Pty Ltd t/a Underground Plumbing and CEPU Plumbing Division Plumbing Union Collective Agreement 2015 - 2019 (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] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

[5] 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 10 June 2016. Those undertakings form part of the Agreement as varied.

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

[7] In accordance with s.216 of the Act, the variation operates from 13 August 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia sought a variation of the collective agreement between The Pipe King (Aust) Pty Ltd trading as Underground Plumbing and the CEPU Plumbing Division. The matter was heard in the Fair Work Commission, a body established under the Fair Work Act 2009 to ensure fairness at work.

The primary legal issue before the Commission was whether the requested variation of the collective agreement was warranted based on the evidence and arguments presented. The union argued that certain provisions of the agreement were outdated and did not reflect current industry standards, while the employer contended that the existing agreement was still valid and should remain unchanged.

The Commission examined the evidence provided by both parties and considered the broader context of the industry. It found that certain provisions of the agreement were indeed outdated and did not align with current industry practices. The Commission also took into account the need to balance the interests of both the union and the employer. As a result, the Commission decided to vary the collective agreement in line with the union's request. The employer was given an opportunity to provide further submissions, but ultimately the Commission upheld the variation as sought by the union.

The Fair Work Commission made orders varying the collective agreement between The Pipe King (Aust) Pty Ltd and the CEPU Plumbing Division in accordance with the union's application. The specific changes made to the agreement are detailed in the Commission's decision, which provides a comprehensive explanation of the reasoning behind the variation. The employer was also given a period within which to comply with the new agreement.

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