DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/5664)

IJACT PTY LTD & CEPU NSW/NFIA SPRINKLER FITTING FIRE PROTECTION UNION ENTERPRISE AGREEMENT NSW & ACT 2015 – 2019

Plumbing industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 19 MARCH 2019

Application for variation of the Ijact Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015 - 2019.

[1] An application has been made for approval of a variation to the Ijact Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 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] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

[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 19 March 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter under consideration was an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Applicant) to the Fair Work Commission (the Commission) for a variation of the Ijact Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015 - 2019 (the Agreement). The Applicant sought variations to the Agreement to address issues regarding the classification and remuneration of employees, particularly those involved in the installation of fire protection systems.

The central legal issue the Commission had to decide was whether the proposed variations to the Agreement were necessary to address significant workplace issues and whether the changes would achieve a fair and equitable outcome for all parties involved. The Applicant argued that the changes were essential to ensure that employees were appropriately classified and remunerated, reflecting the complexity and skill level required for the installation of fire protection systems. The Commission also had to consider whether the proposed changes were consistent with the principles of enterprise bargaining and the broader objectives of the Fair Work Act.

The Commission, after considering the submissions from both the Applicant and the employer, found that the proposed variations were necessary to address the significant workplace issues identified by the Applicant. The Commission was satisfied that the changes would result in a fair and equitable outcome for all parties, ensuring that employees were appropriately classified and remunerated. The Commission also found that the changes were consistent with the principles of enterprise bargaining and the broader objectives of the Fair Work Act. Consequently, the Commission granted the application for variation of the Agreement, with the new terms coming into effect on the specified date.

The final orders of the Commission included the variation of the Agreement to reflect the new classification and remuneration arrangements for employees involved in the installation of fire protection systems. The changes were to be implemented on the effective date specified in the decision, and both parties were required to comply with the new terms of the Agreement. The Commission's decision provided clarity and certainty for both the Applicant and the employer, ensuring that the workplace issues were addressed in a fair and equitable manner.

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