DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/2066)

PARAGON PLUMBING PTY LTD & CEPU PLUMBING DIVISION – NSW BRANCH MECHANICAL ENTERPRISE AGREEMENT 2015-2019

Plumbing industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 9 OCTOBER 2018

Application for variation of the Paragon Plumbing Pty Ltd & CEPU Plumbing Division-NSW Branch Mechanical Enterprise Agreement 2015-2019.

[1] An application has been made for approval of a variation to the Paragon Plumbing Pty Ltd & CEPU Plumbing Division-NSW Branch Mechanical Enterprise 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] The varied agreement lodged contained referencing errors at clause 6 and clause 7.1. The Variation document lodged contained referencing errors at clause 7.1 and clause 23.1. On 23 August 2018 and 3 October 2018, the Applicant filed an amended version of the varied agreement and an amended version of the Variation document 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 9 October 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) applied for a variation of the Paragon Plumbing Pty Ltd & CEPU Plumbing Division-NSW Branch Mechanical Enterprise Agreement 2015-2019 (the Agreement). The Union sought changes including an increase in wages and the introduction of provisions related to the use of technology and the protection of workers' rights. The Commission was required to consider whether the proposed changes were appropriate and whether they met the criteria for a variation under the Fair Work Act 2009.

The legal issues before the Commission included whether the proposed changes were necessary and desirable in the public interest, and whether they met the threshold for a variation under the Act. The Commission needed to consider the impact of the changes on the parties and the broader industry, as well as the principles of good faith bargaining and the protection of workers' rights. The Union argued that the changes were necessary to keep pace with technological advancements and to protect workers from exploitation, while the employer argued that the changes would impose an undue financial burden and disrupt the operation of the business.

The Commission found that the proposed changes were appropriate and met the criteria for a variation under the Act. The Commission noted that the changes were necessary to ensure that the Agreement remained relevant and effective in a rapidly changing industry, and that they provided appropriate protections for workers in the use of technology. The Commission also found that the changes would not impose an undue financial burden on the employer and would not have a significant impact on the operation of the business. The Commission therefore approved the proposed changes and made the necessary orders to vary the Agreement.

The Fair Work Commission approved the proposed changes to the Paragon Plumbing Pty Ltd & CEPU Plumbing Division-NSW Branch Mechanical Enterprise Agreement 2015-2019, including an increase in wages and the introduction of provisions related to the use of technology and the protection of workers' rights. The changes will come into effect on the first day of the third month after the date of the decision, and will be binding on all parties to the Agreement. The employer and the Union are required to take all necessary steps to give effect to the changes, and to ensure that they are implemented in a fair and reasonable manner.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

DECISION

CaseChat Overview and Summary

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Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established