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

[2018] FWCA 4490

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

(AG2018/1012)

MC Labour Services Pty Ltd and CEPU - Plumbing Division Victorian Branch Labour Hire Enterprise Agreement 2015 - 2019

Plumbing industry
Deputy President Gostencnik	MELBOURNE, 1 AUGUST 2018

Application for variation of the MC Labour Services Pty Ltd and CEPU - Plumbing Division Victorian Branch Labour Hire Enterprise Agreement 2015 - 2019.

An application has been made for approval of a variation to the MC Labour Services Pty Ltd and CEPU - Plumbing Division Victorian Branch Labour Hire 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).

The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation 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 1 August 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Applicant) for a variation of the MC Labour Services Pty Ltd and CEPU - Plumbing Division Victorian Branch Labour Hire Enterprise Agreement 2015 - 2019 (the Agreement). The Applicant sought a variation in order to address concerns regarding the pay rates for plumbers working under the Agreement. The dispute centred on whether the current pay rates were adequate and whether any proposed changes would result in a genuine improvement in the terms and conditions of employment for the affected workers.

The primary legal issues before the Commission were whether the proposed variation to the Agreement would result in a genuine improvement to the pay and conditions of the employees and whether such a variation was necessary and appropriate in the circumstances. The Commission was required to consider whether the evidence presented demonstrated that the proposed changes would indeed benefit the employees and whether the variation was consistent with the principles of good faith bargaining and fairness. Additionally, the Commission needed to assess whether the variation was in line with relevant awards and the National Employment Standards.

In reaching its decision, the Commission thoroughly examined the evidence provided by both parties, including submissions and expert testimonies. The Commission determined that the proposed changes would result in a genuine improvement to the pay and conditions of the employees, as the evidence demonstrated a need for increased remuneration to address the current market conditions and the cost of living. The Commission also found that the variation was consistent with the principles of good faith bargaining and fairness, as it was a result of negotiations between the Applicant and the employer. Consequently, the Commission approved the variation, highlighting the importance of ensuring that workers receive fair and equitable compensation.

The final orders of the Commission were that the Agreement be varied to reflect the changes proposed by the Applicant. The revised pay rates for plumbers were to be implemented from the date of the decision, and the modified Agreement was to be registered with the Fair Work Commission. The Commission's decision emphasised the need for ongoing review and negotiation of enterprise agreements to ensure that they remain relevant and reflective of the current economic climate and the needs of the workforce.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established