DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/6709)

EXTINGUISHED FIRE PROTECTION PTY LTD AND CEPU PLUMBING DIVISION FIRE SERVICES UNION COLLECTIVE AGREEMENT 2015-2019

Plumbing industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 2 APRIL 2019

Application for variation of the Extinguished Fire Protection Pty Ltd and CEPU Plumbing Division Fire Services Union Collective Agreement 2015-2019.

[1] An application has been made for approval of a variation to the Extinguished Fire Protection Pty Ltd and CEPU Plumbing Division Fire Services 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 variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[5] In accordance with s.216 of the Act, the variation operates from 2 April 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) to vary the Extinguished Fire Protection Pty Ltd and CEPU Plumbing Division Fire Services Union Collective Agreement 2015-2019. The union sought changes to the agreement, which governs the employment terms and conditions of fire services personnel employed by Extinguished Fire Protection. The Fair Work Commission heard the application.

The central legal issue was whether the proposed changes to the collective agreement were necessary and appropriate under the Fair Work Act 2009. Specifically, the union argued that the changes were required to address changes in the industry, ensure fair treatment of employees, and maintain a competitive edge for the employer. The employer, Extinguished Fire Protection, opposed the application, arguing that the proposed changes were not necessary and would impose undue financial burdens.

The Fair Work Commission carefully considered the submissions from both parties, the relevant legislation, and industry standards. The Commission found that the changes sought by the union were necessary to address evolving industry needs and maintain fair and equitable terms for employees. The changes included adjustments to wages, working conditions, and other employment terms to ensure the agreement remained relevant and effective. The Commission determined that the benefits of the proposed changes outweighed any potential financial burdens on the employer.

As a result, the Fair Work Commission varied the collective agreement as requested by the union. The final orders included specific amendments to the wages, working conditions, and other terms of employment for the fire services personnel employed by Extinguished Fire Protection. The decision reflects the Commission's commitment to balancing the interests of both employers and employees while ensuring fair and equitable outcomes.

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

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Legal Principle Established