DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/6696)

AUSCOAST FIRE SERVICES 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 Auscoast Fire Services 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 Auscoast Fire Services 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 to vary the Auscoast Fire Services Pty Ltd and CEPU Plumbing Division Fire Services Union Collective Agreement 2015-2019. The union sought to address several perceived issues and inconsistencies within the agreement, including the classification of roles and the corresponding remuneration for employees. The case was heard in the Fair Work Commission, which has jurisdiction over such employment and industrial relations matters.

The primary legal issues before the court were whether the existing agreement adequately reflected the terms of employment as per the Fair Work Act 2009 and whether there were sufficient grounds to justify the proposed variations. The union argued that the current agreement failed to accurately represent the roles and responsibilities of certain employees, resulting in underpayment and misclassification. The employer, Auscoast Fire Services Pty Ltd, contended that the existing agreement was fair and complied with the relevant legislative framework.

In delivering its decision, the Commission carefully examined the evidence presented by both parties. It found that certain roles were indeed misclassified and that the employees in question had been underpaid. The Commission acknowledged the union’s arguments regarding the need for clarity and fairness in the agreement. Based on this, the Commission granted the application for variation, making specific amendments to the classification and remuneration provisions. The outcome ensures that employees receive appropriate recognition for their roles and fair compensation.

The Commission's final orders included the amendment of the Auscoast Fire Services Pty Ltd and CEPU Plumbing Division Fire Services Union Collective Agreement 2015-2019 to accurately classify roles and adjust remuneration. The changes were designed to rectify the underpayment and misclassification issues identified during the proceedings. The decision reflects the Commission's commitment to upholding fair work principles and ensuring that collective agreements meet the needs of both employers and employees.

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