DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/2501)

SELECT FIRE SYSTEMS PTY LTD AND CEPU PLUMBING DIVISION FIRE SERVICES UNION COLLECTIVE AGREEMENT 2015-2019

Plumbing industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 21 SEPTEMBER 2018

Application for variation of the Select Fire Systems 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 Select Fire Systems 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 21 September 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case before the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, acting as the employer representative, brought an application to vary the Select Fire Systems Pty Ltd and CEPU Plumbing Division Fire Services Union Collective Agreement 2015-2019. The dispute centred on several amendments proposed to the existing agreement, including adjustments to employee entitlements, working conditions, and dispute resolution mechanisms. The Commission was tasked with determining whether the proposed changes were fair and reasonable in the context of the ongoing employment relationship between the employer and the union.

The primary legal issues for the Commission to decide were whether the proposed changes to the collective agreement met the criteria for variation as stipulated under the Fair Work Act 2009. This included assessing whether the changes were necessary to address changed circumstances or to rectify anomalies within the current agreement, and whether they were fair and reasonable in the context of the existing industrial relationship. Additionally, the Commission had to consider the implications of the proposed changes on the rights and obligations of both the employer and the union, as well as the potential impact on employees.

After thorough consideration of the submissions from both parties and the relevant legislative framework, the Commission determined that the proposed changes to the collective agreement were fair and reasonable. The Commission found that the amendments were necessary to address specific issues that had arisen since the original agreement was made, and that they were in line with the principles of good faith bargaining and fair work. The Commission also noted that the changes would not adversely affect the rights and obligations of the parties and would be beneficial in maintaining a productive and harmonious workplace. Consequently, the application for variation was approved, and the amended agreement was adopted.

The final orders of the Commission included the approval of the proposed variations to the Select Fire Systems Pty Ltd and CEPU Plumbing Division Fire Services Union Collective Agreement 2015-2019, with specific details regarding the changes to be incorporated into the agreement. The decision underscored the importance of flexibility and responsiveness in collective agreements to accommodate changing industrial circumstances while ensuring fairness and equity 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