DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/6891)

VENMIST PTY LTD AND CEPU PLUMBING DIVISION MECHANICAL UNION COLLECTIVE AGREEMENT 2015 - 2019

Plumbing industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 5 JUNE 2019

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

[1] An application has been made for approval of a variation to the Venmist Pty Ltd and CEPU Plumbing Division Mechanical 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 24 May 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 5 June 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties in this case were the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Venmist Pty Ltd. The union sought to vary the collective agreement that governed the employment terms of the mechanical division of the union. The case was heard in the Fair Work Commission. The union argued that changes in industry practices and conditions necessitated variations to the agreement to ensure that the terms remained fair and reasonable. Venmist Pty Ltd opposed the application, asserting that the proposed changes were excessive and not justified.

The central legal issue before the Commission was whether the union's application for variation was justified under the Fair Work Act 2009. The union needed to demonstrate that changes in industry conditions warranted revisions to the collective agreement. Additionally, the Commission had to determine whether the proposed changes were proportionate and in line with the principles of fairness and reasonableness. Venmist Pty Ltd argued that the union had not sufficiently justified the need for the proposed changes, and that the alterations would impose undue financial burdens on the company.

The Fair Work Commission assessed the union's application against the statutory criteria outlined in the Fair Work Act. The Commission considered the evidence provided by both parties regarding changes in industry practices and their impact on the employment relationship. It examined whether the proposed changes were necessary to ensure the agreement remained fair and reasonable. The Commission found that while some changes were warranted, others were excessive. Ultimately, the Commission determined that the union's application for variation was partly successful, approving certain amendments while rejecting others. The decision reflected a balanced approach, aiming to accommodate necessary changes while protecting the interests of both parties.

The Fair Work Commission ordered that specific provisions of the collective agreement be varied as per the union's application, while other proposed changes were denied. The approved variations addressed key areas where the union demonstrated a clear need for adjustment due to changes in industry conditions. The Commission's decision was aimed at ensuring that the agreement remained fair and reasonable, reflecting the current employment landscape.

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