DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/5508)

HATCHMAN CONSTRUCTION SERVICES PTY LTD AND CEPU PLUMBING DIVISION UNION COLLECTIVE AGREEMENT 2015 - 2019

Plumbing industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 15 NOVEMBER 2018

Application for variation of the Hatchman Construction Services Pty Ltd and CEPU Plumbing Division Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of a variation to the Hatchman Construction Services Pty Ltd and CEPU Plumbing Division 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] 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 15 November 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, which sought a variation of the Hatchman Construction Services Pty Ltd and CEPU Plumbing Division Union Collective Agreement 2015 - 2019. The matter was heard in the Fair Work Commission, an Australian federal independent statutory tribunal with the primary purpose of resolving workplace disputes. The Union argued that certain clauses in the agreement should be amended to better reflect the needs of its members, while the employer, Hatchman Construction Services Pty Ltd, opposed these changes, maintaining that the current agreement was fair and reasonable.

The central legal issue before the Commission was whether the proposed variations to the collective agreement were necessary to address the concerns of the Union and its members, or whether they constituted an unreasonable imposition on the employer. The Union contended that the variations were necessary to ensure fair and reasonable terms for its members, while the employer argued that the changes were not warranted and would place an undue burden on the company. The Commission was required to balance the interests of both parties and determine whether the proposed variations were justifiable.

In reaching its decision, the Fair Work Commission considered the evidence presented by both parties and the broader context of the collective agreement. The Commission found that while some of the proposed variations were not justified, others were necessary to address genuine concerns raised by the Union. The Commission emphasised the importance of maintaining a fair and reasonable balance between the rights and obligations of both employers and employees, and concluded that the proposed variations were reasonable and necessary in certain circumstances. As a result, the Commission approved certain variations to the agreement, while rejecting others.

The final orders of the Commission included specific amendments to the collective agreement, which were designed to better reflect the needs of the Union and its members. The employer was directed to implement these changes within a specified timeframe, and the Union was required to notify its members of the approved variations. The Commission's decision provided a clear resolution to the dispute, while also reaffirming the importance of maintaining a fair and reasonable balance between the interests of employers and employees in the context of collective bargaining.

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