DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/2618)

BASE FIRE PROTECTION PTY LTD & CEPU NSW/NFIA SPRINKLER FITTING FIRE PROTECTION ENTERPRISE AGREEMENT NSW & ACT 2015-2019

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 11 OCTOBER 2018

Application for variation of the Base Fire Protection 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 Base Fire Protection 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 11 October 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The dispute arose between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Base Fire Protection Pty Ltd, along with the CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015-2019. The matter was heard in the Fair Work Commission, which is responsible for resolving workplace disputes in Australia. The union sought a variation to the enterprise agreement, which governs the terms and conditions of employment for workers within the relevant industries.

The primary legal issue before the Commission was whether the proposed changes to the enterprise agreement were justified under the relevant provisions of the Fair Work Act 2009. The union argued that the changes were necessary to address specific concerns and grievances raised by employees, while the employer contended that the proposed changes would impose undue financial burdens and were not warranted. The Commission needed to assess the merits of the arguments and determine whether the changes would serve the best interests of both parties and the employees involved.

In its decision, the Commission considered the evidence presented by both parties and evaluated the impact of the proposed changes on the employees, the employer, and the overall enterprise agreement. The Commission found that the proposed changes were reasonable and necessary to address the concerns raised by employees. The changes included adjustments to the classification of certain positions, provisions for additional leave entitlements, and modifications to the payment of overtime rates. The Commission determined that the changes would not impose undue financial burdens on the employer and would ultimately benefit the employees by improving their working conditions and entitlements. Consequently, the Commission approved the variation to the enterprise agreement.

The Fair Work Commission ordered that the Base Fire Protection Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015-2019 be varied as per the agreed changes, effective from the date of the decision. The decision was binding on both parties and the employees covered by the enterprise 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