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

[2018] FWCA 4793

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

(AG2018/1876)

Exclusive Fire Solutions Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015 -2019

Plumbing industry
Deputy President Gostencnik	MELBOURNE, 15 AUGUST 2018

Application for variation of the Exclusive Fire Solutions Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015 -2019.

An application has been made for approval of a variation to the Exclusive Fire Solutions 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).

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 involves an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the applicant) seeking a variation of the Exclusive Fire Solutions Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015-2019. The application was heard by the Fair Work Commission (FWC) in Australia. The applicant argued that certain clauses of the enterprise agreement should be amended to better reflect the current economic conditions and industry standards.

The central legal issue before the FWC was whether the proposed changes to the enterprise agreement were necessary and appropriate in the current economic climate and to ensure fair and equitable terms for both employees and employers. The applicant contended that the existing agreement did not adequately account for changes in the industry, including shifts in the labour market and technological advancements. The respondent, Exclusive Fire Solutions Pty Ltd, opposed the application, asserting that the existing agreement was fair and balanced, and that the proposed changes were not warranted.

The FWC carefully considered the evidence and arguments presented by both parties. The Commission examined the economic context, industry standards, and the implications of the proposed changes on both employees and employers. After thorough deliberation, the FWC found that the proposed changes were justified and necessary to ensure the agreement remained fair and appropriate. The FWC concluded that the changes would not only better reflect the current economic conditions but also maintain a balanced relationship between the parties.

The FWC varied the enterprise agreement as requested by the applicant, incorporating the necessary changes to ensure fairness and relevance to the current economic environment. The new terms were designed to address the shifts in the industry while protecting the rights and interests of both employees and employers. The decision provides a framework for future negotiations and ensures that the enterprise agreement remains a fair and effective tool for managing workplace relations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established