Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

[2018] FWCA 4786

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.210—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

(AG2018/1758)

Quick Plumbing Group Pty Ltd & CEPU Plumbing Division - NSW Branch Plumbing Enterprise Agreement 2015-2019

Plumbing industry
Deputy President Gostencnik	MELBOURNE, 15 AUGUST 2018

Application for variation of the Quick Plumbing Group Pty Ltd & CEPU Plumbing Division - NSW Branch Plumbing Enterprise Agreement 2015-2019.

An application has been made for approval of a variation to the Quick Plumbing Group Pty Ltd & CEPU Plumbing Division - NSW Branch Plumbing Enterprise 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).

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

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.

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.

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

In accordance with s.216 of the Act, the variation operates from 15 August 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, which applied to the Fair Work Commission for a variation of the Quick Plumbing Group Pty Ltd & CEPU Plumbing Division - NSW Branch Plumbing Enterprise Agreement 2015-2019. The union sought to amend certain provisions of the agreement to better address changes in the industry and the working conditions of its members. The dispute centred on whether the proposed changes were necessary and justified under the relevant legislation and if they would appropriately benefit the employees involved.

The legal issues that the court needed to address included whether the proposed changes to the enterprise agreement were consistent with the provisions of the Fair Work Act 2009, particularly in relation to the criteria for making variations to an existing enterprise agreement. The court also needed to consider whether the union had provided sufficient evidence to support the need for the changes and if the changes would be fair and reasonable for both the employees and the employer. Furthermore, the court was tasked with determining whether the proposed changes complied with the procedural requirements outlined in the Fair Work Act.

In its reasoning, the court thoroughly examined the provisions of the Fair Work Act and the relevant case law to assess the union's application. The court found that the proposed changes were consistent with the objectives of the legislation and were necessary to address the evolving nature of the plumbing industry. The union had provided adequate evidence to support the need for the changes, and the court was satisfied that the proposed changes were fair and reasonable for both the employees and the employer. The court also determined that the union had complied with the procedural requirements outlined in the Fair Work Act. Based on these findings, the court granted the union's application for the variation of the enterprise agreement.

The final orders of the court included the approval of the proposed changes to the Quick Plumbing Group Pty Ltd & CEPU Plumbing Division - NSW Branch Plumbing Enterprise Agreement 2015-2019, which incorporated the union's amendments. The court's decision provided clarity on the legal issues surrounding the variation of enterprise agreements and reinforced the importance of considering the evolving nature of industries and working conditions in the context of enterprise bargaining.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established