DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/3034)

AUSTRALIAN PIPE SOLUTIONS PTY LTD AND CEPU PLUMBING DIVISION MECHANICAL UNION COLLECTIVE AGREEMENT 2015 – 2019

Plumbing industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 29 OCTOBER 2018

Application for variation of the Australian Pipe Solutions Pty Ltd and CEPU Plumbing Division Mechanical Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of a variation to the Australian Pipe Solutions Pty Ltd and CEPU Plumbing Division Mechanical 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 29 October 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the applicant, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), sought a variation of the Australian Pipe Solutions Pty Ltd and CEPU Plumbing Division Mechanical Union Collective Agreement 2015-2019. The dispute arose due to disagreements over the interpretation and application of the collective agreement's provisions, particularly those related to employment conditions, pay rates, and other terms and conditions of employment.

The central legal issue before the court was whether the applicant had sufficiently demonstrated grounds for a variation of the existing collective agreement. The applicant argued that changes in the industry, including new technologies and operational practices, necessitated revisions to the agreement to remain fair and reasonable in the current economic and industrial climate. The respondent, Australian Pipe Solutions Pty Ltd, contested these claims, asserting that the existing agreement adequately addressed the employment conditions and that the applicant had not provided sufficient justification for the requested changes.

The court considered the evidence presented by both parties and examined the provisions of the existing agreement. The court found that the applicant had not demonstrated a sufficient basis for the requested variations. The applicant's arguments were primarily speculative and did not adequately show that the changes were necessary to ensure the agreement remained fair and reasonable. The court emphasised the importance of maintaining the stability and predictability of collective agreements in the interests of both employers and employees. Consequently, the application for variation was dismissed.

The court's final orders included a dismissal of the applicant's application for variation of the collective agreement and a direction that both parties adhere to the existing terms and conditions as per the agreement until its expiration or until further order by the court.

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