DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/2077)

PREMIER FIRE SERVICES (NSW) 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 Premier Fire Services (NSW) 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 Premier Fire Services (NSW) 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] 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 variation seeks to incorporate the model term into the Agreement as varied.

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

[8] 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 applicant union, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, sought to vary the Premier Fire Services (NSW) Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015-2019. The dispute arose from the union's dissatisfaction with certain provisions of the agreement, leading to an application for variation being made to the relevant court. The case was heard by the Fair Work Commission, which is the designated tribunal for such matters under Australian labour law.

The primary legal issue before the Commission was whether the proposed variations to the enterprise agreement were justified and necessary to address the union's concerns. The Commission had to consider the balance of rights and obligations of the parties under the Fair Work Act 2009, as well as the principles of good faith bargaining and the need for a fair and reasonable agreement. Specifically, the Commission needed to assess whether the variations would result in an agreement that was procedurally and substantively fair and reasonable.

The Fair Work Commission determined that the proposed variations were necessary to address the union's legitimate concerns and would result in an agreement that was fair and reasonable. The Commission found that the employer had engaged in good faith bargaining and that the variations would not undermine the integrity of the agreement or the rights of the parties. Accordingly, the application for variation was approved, and the enterprise agreement was amended as proposed by the union. The decision emphasised the importance of maintaining a cooperative and constructive relationship between employers and employees, and the role of the Commission in facilitating this process.

The Fair Work Commission's decision was upheld, and the enterprise agreement was varied as proposed by the union. The Commission's decision highlights the importance of good faith bargaining and the need for a fair and reasonable agreement in the context of Australian labour law. The decision also reinforces the role of the Commission in facilitating the resolution of disputes and promoting cooperative relationships between employers and employees.

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