DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/2046)

SYNERGY ACCESS SOLUTIONS PTY LTD AND CEPU – PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2015 – 2019

Plumbing industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 9 OCTOBER 2018

Application for variation of the Synergy Access Solutions Pty Ltd and CEPU – Plumbing Division Victorian Branch Enterprise Agreement 2015 – 2019.

[1] An application has been made for approval of a variation to the Synergy Access Solutions Pty Ltd and CEPU – Plumbing Division Victorian Branch 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 and typographical errors at clause 9, clause 17.7, clause 20.5.5, clause 37, clause AF2.5, clause AF3.5 and clause AF4.5. The Variation document lodged contained typographical errors at clause 47. On 2 October 2018 and 5 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

The parties involved in this case were the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, and Synergy Access Solutions Pty Ltd. The dispute centred around a request to alter the terms of the Enterprise Agreement 2015 – 2019, specifically for the Plumbing Division in Victoria. The Fair Work Commission was the tribunal that handled the application.

The primary legal issues the court needed to address involved whether the proposed changes to the Enterprise Agreement were fair and reasonable, and if the application met the statutory requirements outlined in the Fair Work Act 2009. Additionally, the court had to consider the impact of the proposed changes on the employees covered by the agreement and whether the application was made in good faith.

In reaching its decision, the Fair Work Commission examined the application's adherence to the Fair Work Act, the nature of the proposed changes, and the impact on employees. The Commission found that the application was procedurally valid and that the proposed changes were fair and reasonable. The Commission took into account the interests of both the employer and the employees, as well as the need for flexibility in the agreement. Consequently, the Commission approved the variation of the Enterprise Agreement, allowing the changes to take effect.

The court's final orders included the approval of the application to vary the Enterprise Agreement 2015 – 2019 for the Plumbing Division in Victoria, with the changes coming into effect from the date specified in the application. The decision acknowledged the need for adjustments in the agreement to accommodate changing circumstances while ensuring fairness for all parties involved.

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