DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/1843)

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

Plumbing industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 7 SEPTEMBER 2018

Application for variation of the Mack Fire Protection 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 Mack Fire Protection 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 7 September 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, filed an application to alter the Mack Fire Protection Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015-2019. The dispute was heard in the Fair Work Commission. The crux of the matter was whether certain proposed amendments to the enterprise agreement should be approved, specifically those related to the classification and remuneration of employees. The applicant argued that the changes were necessary to reflect the current market conditions and to ensure fair compensation for the employees.

The Commission needed to determine if the proposed changes were consistent with the principles of the Fair Work Act 2009, particularly focusing on whether they were procedurally and substantively fair. The Commission also considered whether the changes would maintain or improve the conditions of employment in a manner that was consistent with the broader objectives of the Fair Work Act, such as ensuring fair work outcomes and protecting employees' rights. The applicant had to demonstrate that the proposed changes were not only in line with industry standards but also necessary to address the current economic environment.

In its decision, the Commission found that the proposed amendments were procedurally fair as they were made following the correct processes as outlined in the Fair Work Act. The Commission also concluded that the changes were substantively fair, as they were reasonable and necessary in light of the current economic conditions. The amendments were deemed to provide fair and equitable outcomes for the employees, thereby meeting the objectives of the Fair Work Act. Consequently, the Commission approved the variations to the enterprise agreement.

The final orders of the Commission were that the proposed changes to the Mack Fire Protection Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015-2019 be approved and implemented as varied. The decision reflects the Commission's role in ensuring that enterprise agreements are fair, reasonable, and consistent with the broader objectives of workplace regulation in Australia.

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