DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/1915)

FORCE FIRE & SAFETY 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 Force Fire & Safety 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 Force Fire & Safety 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] The variation lodged contained a referencing error at clause 36.21. On 10 August 2018, the Applicant filed an amended version of the variation 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.

[7] 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 an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) for a variation of the Force Fire & Safety Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015 - 2019. The application was made under the Fair Work Act 2009, and the matter was heard by the Fair Work Commission (the Commission). The Union sought a variation to the existing enterprise agreement to address certain issues related to the employment conditions of workers in the fire protection industry.

The primary legal issue before the Commission was whether the proposed variation to the enterprise agreement was in the best interests of the employees covered by the agreement. The Union argued that the variation was necessary to address issues such as the classification of employees, the provision of paid meal breaks, and the calculation of overtime. The employer, Force Fire & Safety Pty Ltd, opposed the application, arguing that the proposed changes were not in the best interests of the employees and would result in significant additional costs.

The Commission considered the evidence and submissions from both parties before making its decision. The Commission found that the proposed variation was in the best interests of the employees and would result in improved working conditions for those covered by the agreement. The Commission noted that the variation addressed significant issues that had been raised by the employees and that the benefits of the proposed changes outweighed any potential costs to the employer. The Commission ultimately approved the variation to the enterprise agreement, with the changes coming into effect from a specified date.

The final orders of the Commission included the approval of the variation to the enterprise agreement, with the changes to take effect from a specified date. The Commission also ordered that the employer and the Union provide written notice of the variation to all affected employees within a specified timeframe. The decision of the Commission is binding on both parties and sets out the new employment conditions for the workers covered by the enterprise agreement.

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