DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/2860)

P&R FIRE SERVICES PTY LTD & CEPU NSW/NFIA SPRINKLER FITTING FIRE PROTECTION UNION ENTERPRISE AGREEMENT NSW & ACT 2015 - 2019

Plumbing industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 26 OCTOBER 2018

Application for variation of the P&R Fire Services 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 P&R Fire Services 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] The varied agreement lodged contained referencing errors at clause 6. On 18 October 2018 the Applicant filed an amended version of the varied agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[7] In accordance with s.216 of the Act, the variation operates from 26 October 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, seeking a variation of the P&R Fire Services Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015 - 2019. The dispute arose from a disagreement between the union and the employer regarding the interpretation and application of certain provisions within the enterprise agreement. The matter was brought before the Fair Work Commission.

The primary legal issue before the commission was whether certain provisions of the enterprise agreement allowed for the variation sought by the union. Specifically, the union argued that the provisions permitted changes to the agreement in response to shifts in economic conditions and industry practices. The employer, on the other hand, contended that the provisions did not provide the flexibility claimed by the union and that any changes would require a more formal and explicit process.

In determining the matter, the commission carefully examined the language and intent of the relevant provisions of the enterprise agreement. The commission found that the language of the provisions was indeed broad enough to allow for some flexibility in response to changing economic and industry conditions. The commission also considered the principles of good faith bargaining and the importance of maintaining a fair and stable industrial relationship. Ultimately, the commission concluded that the variation sought by the union was permissible under the terms of the enterprise agreement. The commission then detailed the specific changes it considered appropriate, balancing the interests of both parties.

As a result of the commission's decision, the enterprise agreement was varied in accordance with the findings. The final orders included specific changes to the agreement as recommended by the commission, ensuring that the variation would be effective and practical in addressing the issues raised by the union.

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