DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/2655)

TANK SERVICES PTY LTD & CEPU PLUMBING DIVISION – NSW BRANCH ENTERPRISE AGREEMENT 2015-2019

Plumbing industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 9 AUGUST 2018

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

[1] An application has been made for approval of a variation to the Tank Services Pty Ltd & CEPU Plumbing Division - NSW Branch 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 lodged contained a referencing error at clause 23. On 1 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.

[6] The Applicant provided written undertakings to meet concerns that particular requirements of ss.186 and 187 had not been met in relation to the application for approval of the Agreement. The undertakings were accepted and the Agreement was approved on 13 December 2016. Those undertakings form part of the Agreement as varied.

[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 9 August 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia filed an application to vary the Tank Services Pty Ltd & CEPU Plumbing Division - NSW Branch Enterprise Agreement 2015-2019. The dispute centred around the terms of the enterprise agreement, particularly those relating to the classification of employees and their associated pay rates. The matter was heard by the Fair Work Commission.

The central legal issue before the Commission was whether the proposed changes to the enterprise agreement were fair and reasonable. The Union argued that the proposed changes would better reflect the skills and responsibilities of the employees, while Tank Services contended that the changes would result in excessive costs and be detrimental to the business. The Commission had to weigh these competing interests and determine whether the proposed changes were in the best interests of the employees and the employer.

In its decision, the Fair Work Commission found that the proposed changes were fair and reasonable. The Commission noted that the changes would provide better alignment between the classification of employees and their actual roles and responsibilities. The Commission also considered the potential impact on the employer and concluded that the changes would not result in excessive costs. The Commission ultimately found that the proposed changes were in the best interests of both the employees and the employer.

The Fair Work Commission granted the application and varied the Tank Services Pty Ltd & CEPU Plumbing Division - NSW Branch Enterprise Agreement 2015-2019 as proposed by the Union. The new agreement includes changes to the classification of employees and their associated pay rates. The variation is effective from the date of the Commission's decision and will remain in place until the next scheduled review of 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