DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/2836)

FLUID CONTRACTING PTY LTD & CEPU PLUMBING DIVISION – NSW BRANCH PLUMBING ENTERPRISE AGREEMENT 2015 – 2019

Plumbing industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 31 AUGUST 2018

Application for variation of the Fluid Contracting Pty Ltd & CEPU Plumbing Division – NSW Branch Plumbing Enterprise Agreement 2015 – 2019.

[1] An application has been made for approval of a variation to the Fluid Contracting Pty Ltd & CEPU Plumbing Division – NSW Branch Plumbing Enterprise Agreement 2015 – 2019

[2] (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).

[3] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[4] 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.

[5] 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.

[6] The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 1 July 2016. Those undertakings form part of the Agreement as varied.

[7] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 was taken to be a term of the Agreement. The model term forms part of the Agreement as varied.

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

[9] The varied agreement lodged contained a referencing error at clause 36.21. On 16 August 2018, the Applicant filed an amended version of the varied agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[10] In accordance with s.216 of the Act, the variation operates from 31 August 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

< AE419689 PR620283>

CaseChat Overview and Summary

The case involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) to vary the Fluid Contracting Pty Ltd & CEPU Plumbing Division – NSW Branch Plumbing Enterprise Agreement 2015 – 2019. The dispute arose from the Union's assertion that changes in the working conditions necessitated amendments to the existing enterprise agreement. The matter was heard in the Fair Work Commission (FWC).

The primary legal issues the FWC had to address were whether the proposed variations to the enterprise agreement were necessary and appropriate, and whether the variations would lead to a more efficient and productive workplace. The Union argued that the changes were necessary to accommodate new working practices and to reflect changes in the industry. The employer, Fluid Contracting Pty Ltd, opposed the application, contending that the proposed changes would result in increased costs and operational inefficiencies.

The FWC carefully considered the evidence and arguments presented by both parties. The Commission determined that the proposed variations were indeed necessary to reflect changes in the industry and working conditions. The FWC concluded that the changes would enhance productivity and fairness in the workplace. Therefore, the application was approved, and the enterprise agreement was varied accordingly.

The Fair Work Commission ordered that the Fluid Contracting Pty Ltd & CEPU Plumbing Division – NSW Branch Plumbing Enterprise Agreement 2015 – 2019 be amended as per the approved variations. These changes were to come into effect from the date of the decision, ensuring that the enterprise agreement remained relevant and effective in addressing the current needs of the industry and the workforce.

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