DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/7207)

CHAMPION 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 Champion 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 Champion 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 the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) and Champion Fire Protection Pty Ltd (Champion). The Union sought a variation to the Collective Agreement entered into with Champion's Plumbing Division Fire Services Union. The dispute was heard in the Fair Work Commission. The Union sought an increase in wages and improvements to other conditions of employment. Champion opposed the application on the grounds that the Union had not demonstrated that it had the requisite support of its members for the proposed changes.

The central legal issue before the court was whether the Union had demonstrated sufficient support among its members for the proposed changes to the Collective Agreement. The court considered the requirements of section 172 of the Fair Work Act 2009, which sets out the conditions that must be met for a certified organisation to apply for a variation of an agreement. The court also considered the evidence provided by the Union regarding the level of support for the proposed changes. Additionally, the court examined Champion's arguments against the application.

In determining the matter, the court found that the Union had not provided sufficient evidence of the requisite level of support among its members for the proposed changes. The court was not satisfied that the Union had followed the correct process in seeking approval for the application. As a result, the court dismissed the Union's application for a variation to the Collective Agreement. The court emphasised the importance of following the correct process in seeking variations to collective agreements and the need for certified organisations to obtain the necessary support from their members. The court did not make any orders in relation to the application.

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