DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/5584)

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

Plumbing industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 1 APRIL 2019

Application for variation of the Guardian 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 Guardian 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 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 14 November 2017. 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 1 April 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) to vary certain provisions of the Guardian Fire Protection Pty Ltd and CEPU Plumbing Division Fire Services Union Collective Agreement 2015 - 2019. The applicant sought to amend the agreement to include additional provisions related to employee leave entitlements and other workplace conditions. The respondent, Guardian Fire Protection Pty Ltd, opposed the application, arguing that the proposed changes would negatively impact the business operations and financial stability of the company.

The primary legal issue before the Commission was whether the proposed variations to the collective agreement were reasonable and justifiable under the relevant provisions of the Fair Work Act 2009. The Commission had to consider the potential impact of the proposed changes on both the employees and the employer, as well as the overall fairness and balance of the agreement. Furthermore, the Commission needed to assess whether the application met the criteria for variation as set out in the Act, including whether the changes would promote or improve workplace relations, or whether they would have a detrimental effect on the parties involved.

After considering the evidence and arguments presented by both parties, the Commission determined that the proposed variations to the collective agreement were reasonable and justifiable. The Commission found that the changes would improve the overall fairness and balance of the agreement, particularly in relation to employee leave entitlements. The Commission also considered the potential impact on the employer and found that the changes would not have a significant detrimental effect on the company's operations or financial stability. As a result, the Commission approved the application for variation of the collective agreement.

The Commission's final order was that the Guardian Fire Protection Pty Ltd and CEPU Plumbing Division Fire Services Union Collective Agreement 2015 - 2019 be varied to include the additional provisions related to employee leave entitlements and other workplace conditions as proposed by the Union. The variation came into effect on the date of the Commission's decision, and both parties were required to comply with the new terms of the agreement.

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