DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2019/1895)

PLANET PLUMBING QLD PTY LTD AND CEPU PLUMBING DIVISION PLUMBING UNION COLLECTIVE AGREEMENT 2015 - 2019

Plumbing industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 8 AUGUST 2019

Application for variation of the Planet Plumbing QLD Pty Ltd and CEPU Plumbing Division Plumbing Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of a variation to the Planet Plumbing QLD Pty Ltd 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] 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 10 June 2016. 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 8 August 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant union sought to vary the existing plumbing union collective agreement between the union and Planet Plumbing QLD Pty Ltd. The union argued that the existing agreement was outdated and did not adequately reflect current industry standards. The case was heard in the Fair Work Commission. The union's application was for a variation to the existing agreement to provide for an increase in wages and conditions for employees in the plumbing industry.

The legal issues before the Commission were whether the proposed changes to the agreement were necessary and whether they complied with the relevant legislative provisions. The union argued that the changes were necessary to ensure that the employees were adequately compensated for their work and that the changes complied with the relevant provisions of the Fair Work Act 2009. The employer argued that the proposed changes were not necessary and that they would place an undue financial burden on the business.

The Commission found that the proposed changes to the agreement were necessary to ensure that the employees were adequately compensated for their work. The Commission also found that the changes complied with the relevant provisions of the Fair Work Act 2009. The Commission noted that the existing agreement was several years old and that the industry had changed significantly since the agreement was entered into. The Commission found that the proposed changes were reasonable and proportionate to the changes in the industry. The Commission therefore granted the union's application for a variation to the existing agreement.

The Commission ordered that the existing agreement be varied to include the proposed changes. The changes included an increase in wages and conditions for employees in the plumbing industry. The Commission also ordered that the variation be backdated to the date that the union's application was lodged. The employer was given 28 days to provide written notice to the union of its intention to appeal the decision to the Federal Court.

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