DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/1671)

THE TRUSTEE FOR FIRE BOAR UNIT TRUST T/A FIRE BOAR PTY LTD AND CEPU PLUMBING DIVISION FIRE SERVICES UNION COLLECTIVE AGREEMENT 2015 - 2019

Plumbing industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 24 SEPTEMBER 2018

Application for variation of The Trustee for Fire Boar Unit Trust t/a Fire Boar Pty Ltd and CEPU Plumbing Division Fire Services Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of a variation to the Trustee for Fire Boar Unit Trust t/a Fire Boar Pty Ltd and CEPU Plumbing Division Fire Services Union Collective 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] In accordance with s.216 of the Act, the variation operates from 24 September 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the variation of the Fire Boar Pty Ltd and CEPU Plumbing Division Fire Services Union Collective Agreement 2015 - 2019. The applicant, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, sought to amend the collective agreement to reflect changes in industry practices and ensure fair working conditions for its members. The matter was heard in the Fair Work Commission, which has jurisdiction over such disputes under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed variations to the collective agreement were necessary and reasonable, given the changes in industry practices and the need to ensure fair and equitable terms for employees. The applicant argued that the changes were necessary to address emerging industry trends and maintain a competitive edge, while the respondent, the trustee for Fire Boar Pty Ltd, contended that the proposed variations would impose additional costs and were not warranted. The Commission had to determine whether the changes proposed by the applicant were in the best interests of the employees and whether they complied with the requirements of the Fair Work Act.

In its decision, the Commission acknowledged the need for collective agreements to evolve in response to changing industry practices. It found that the proposed variations were necessary to ensure the continued relevance and fairness of the agreement. The Commission emphasised that the changes were reasonable and in the best interests of the employees, as they would provide for fair and equitable terms that reflected current industry standards. The Commission concluded that the variations were necessary to maintain a competitive and sustainable industry, and it approved the application for variation of the collective agreement.

The Fair Work Commission's decision to approve the variation of the collective agreement reflects its commitment to ensuring that employment terms and conditions remain fair and relevant in a rapidly changing industry landscape. By approving the proposed changes, the Commission has recognised the need for collective agreements to adapt to new industry practices and maintain a competitive edge. This decision will have significant implications for the parties involved and may serve as a precedent for similar cases in the future.

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