DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/1936)

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

Plumbing industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 5 OCTOBER 2018

Application for variation of the PLJ Holdings 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 PLJ Holdings 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 5 October 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and other respondents. The Union sought variation of the PLJ Holdings Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015-2019. The court had to determine whether the application for variation was justified under the Fair Work Act 2009.

The primary legal issue was whether the application for variation was appropriate, considering the impact on employees and the need to maintain fair work conditions. The Union argued that changes were necessary to address issues arising from the original agreement, which had been in effect for several years. The respondents contended that the current agreement was still effective and that the proposed changes would disrupt the existing balance.

The court considered the evidence presented by both parties and the implications of the proposed changes. It was noted that the application for variation aimed to address specific issues that had emerged since the agreement was signed, such as changes in the industry and workforce. The court found that the proposed changes were reasonable and necessary to ensure the agreement remained fair and effective. Consequently, the application for variation was approved, and the agreement was amended accordingly.

The court's decision resulted in the approval of the application for variation of the PLJ Holdings Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015-2019. The agreement was amended to reflect the changes proposed by the Union, ensuring that it continued to provide fair work conditions for employees. The final orders of the court were that the application for variation was granted, and the amended agreement was to be implemented as per the court's decision.

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