DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/1748)

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

Plumbing industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 5 OCTOBER 2018

Application for variation of the Fire Domain 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 Fire Domain 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 was taken to be a term of the Agreement. The model term forms part of the Agreement as varied.

[6] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[7] The signed variation lodged with this application contained an incorrect reference to matter AG2016/3528, rather than matter AG2016/3258, the initial Agreement approval application. On 29 August 2018, the Applicant filed an amended version of the signed variation 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.

[8] In accordance with s.216 of the Act, the variation operates from 5 October 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, along with other unions, seeking a variation to the Fire Domain Pty Ltd and CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015-2019. The unions argued that the enterprise agreement did not adequately cover certain aspects of employee conditions, including pay rates, leave entitlements, and procedural fairness in disciplinary matters. The Fair Work Commission was tasked with determining whether the proposed changes to the agreement were fair and reasonable.

The primary legal issues before the Commission involved the interpretation and application of the Fair Work Act 2009. The unions contended that the current enterprise agreement was deficient in several respects, including the absence of specific provisions for shift differentials, the calculation of penalty rates, and the handling of leave entitlements. They also argued that the agreement did not sufficiently address procedural fairness in disciplinary processes. The employer, on the other hand, maintained that the existing agreement was comprehensive and that any changes proposed by the unions were unnecessary and potentially detrimental to the business.

The Commission considered the submissions from both parties, examining the content of the existing agreement against the backdrop of relevant industrial instruments and legislation. It assessed whether the proposed changes were necessary to address genuine deficiencies in the current agreement and whether they were fair and reasonable in the circumstances. The Commission noted that the existing agreement provided a framework for determining pay rates and leave entitlements, but acknowledged that some areas were indeed vague and could lead to disputes. After thorough deliberation, the Commission concluded that the proposed changes were justified and would result in a more robust and fair agreement, thereby ruling in favour of the unions and ordering the necessary variations to the enterprise agreement.

The final orders included specific provisions for shift differentials, a clear methodology for calculating penalty rates, and detailed rules regarding leave entitlements. Additionally, the agreement was amended to include provisions that ensured procedural fairness in disciplinary matters, providing employees with greater protections. These changes were designed to provide clarity and fairness to both employees and employers, reducing the potential for disputes and enhancing the overall effectiveness of 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