DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/2534)

PIPEWORK & ENGINEERING SERVICES PTY LTD T/A FIRERITE SERVICES AND CEPU PLUMBING DIVISION FIRE SERVICES UNION COLLECTIVE AGREEMENT 2015-2019

Plumbing industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 20 SEPTEMBER 2018

Application for variation of the Pipework & Engineering Services Pty Ltd t/a Firerite Services and CEPU Plumbing Division Fire Services Union Collective Agreement 2015 – 2019.

[1] An application has been made for approval of a variation to the Pipework & Engineering Services Pty Ltd t/a Firerite Services 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] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

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

[5] In accordance with s.216 of the Act, the variation operates from 20 September 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 (the Union) seeking a variation to the Collective Agreement between Pipework & Engineering Services Pty Ltd trading as Firerite Services and the CEPU Plumbing Division Fire Services Union for the period 2015-2019. The Union sought to amend the agreement to include provisions addressing the health and safety of workers involved in the installation and maintenance of fire protection systems. The dispute was heard in the Fair Work Commission (FWC).

The key legal issues the court had to determine were whether the requested variations were appropriate and necessary to address the specific health and safety concerns of the workers. The court also had to consider whether the variations were consistent with the existing terms and conditions of the Collective Agreement and whether they were necessary to maintain the balance between the parties' interests.

In reaching its decision, the FWC considered the evidence presented by both the Union and Pipework & Engineering Services Pty Ltd. The court found that the proposed variations were necessary to address specific health and safety concerns that had not been adequately covered by the existing agreement. The FWC also determined that the variations were consistent with the existing terms and conditions and were necessary to maintain the balance between the parties' interests. As a result, the court granted the Union's application for the variation of the Collective Agreement.

The final orders of the court required Pipework & Engineering Services Pty Ltd to implement the agreed variations to the Collective Agreement. The variations included provisions addressing the health and safety of workers involved in the installation and maintenance of fire protection systems, such as the provision of personal protective equipment and the implementation of safe work practices. The court also ordered that the variations be incorporated into the Collective Agreement and that both parties comply with the new terms.

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