DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2019/806)

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

Plumbing industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 4 APRIL 2019

Application for variation of the HVAC Queensland 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 HVAC Queensland 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] 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 9 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 4 April 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant union sought to vary the existing collective agreement between the HVAC Queensland Pty Ltd and the CEPU Plumbing Division Mechanical Union. The union aimed to amend provisions related to wage rates, hours of work and other employment conditions. The matter was heard by the Fair Work Commission. The central legal issues before the tribunal involved the interpretation and application of the relevant sections of the Fair Work Act 2009. Specifically, the court needed to determine whether the proposed changes to the collective agreement met the requirements for variation as stipulated by the Act. Additionally, the court had to assess whether the changes were consistent with the principles of good faith bargaining and whether they provided fair and reasonable terms for both parties.

In reaching its decision, the tribunal considered the evidence presented by both the union and the employer. It examined the nature of the proposed changes, the process through which they were negotiated, and the impact they would have on the employees and the employer. The tribunal also took into account the principles of good faith bargaining and the need to ensure that the terms of the collective agreement were fair and reasonable. Ultimately, the tribunal found that the proposed changes were consistent with the requirements of the Act and that they provided fair and reasonable terms for both parties. The court noted that the changes were the result of good faith negotiations and that they would not have an adverse impact on the employer or the employees.

Consequently, the tribunal approved the variation of the collective agreement. The changes to the wage rates, hours of work, and other employment conditions as proposed by the union were implemented. The decision was made in the interest of maintaining fair and reasonable terms for both the employer and the employees, while also upholding the principles of good faith bargaining as required by the Fair Work Act 2009.

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