DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/1335)

AIRCON PIPING INSTALLATIONS PTY LTD & CEPU PLUMBING DIVISION – NSW BRANCH MECHANICAL ENTERPRISE AGREEMENT 2015-2019

Plumbing industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 15 AUGUST 2018

Application for variation of the Aircon Piping Installations Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical Enterprise Agreement 2015-2019.

[1] An application has been made for approval of a variation to the Aircon Piping Installations Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical 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).

[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 15 August 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, acting on behalf of its members, and Aircon Piping Installations Pty Ltd. The union sought to vary the terms of the Mechanical Enterprise Agreement between the parties, which was set to expire in 2019. The application was heard in the Fair Work Commission. The legal issues before the Commission were whether the proposed variations to the enterprise agreement were necessary to address changed circumstances and whether they were fair and reasonable.

The Commission considered the evidence presented by both parties, including the changes in the industry and the economic climate, and the impact these had on the employees and the employer. The Commission found that the proposed variations were necessary to address changed circumstances, as the evidence demonstrated that the terms of the existing agreement were no longer appropriate given the changed economic environment. The Commission also found that the proposed variations were fair and reasonable, taking into account the interests of both the employees and the employer. The Commission noted that the proposed variations would provide the employees with greater job security and improved working conditions, while also providing the employer with flexibility in managing its workforce.

The Fair Work Commission granted the application for variation of the enterprise agreement, with the varied terms coming into effect from 1 July 2019. The Commission made orders varying the agreement in accordance with the application, including changes to the classification and remuneration of employees, the introduction of a new shift allowance, and changes to the provisions relating to redundancy and termination of employment. The orders also included provisions for the transition to the new agreement, including a process for employees to opt out of the varied agreement within a specified period.

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