DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/1206)

WALKER PLUMBING VIC PTY LTD AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2015 - 2019

Plumbing industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 25 JULY 2018

Application for variation of the Walker Plumbing Vic Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015 - 2019.

[1] An application has been made for approval of a variation to the Walker Plumbing Vic Pty Ltd and CEPU - Plumbing Division Victorian 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 is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[6] In accordance with s.216 of the Act, the variation operates from 25 July 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, sought a variation to the Walker Plumbing Vic Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015 - 2019. The union argued that the existing agreement failed to adequately address the complexities of modern plumbing practices and the evolving nature of the industry, impacting the rights and protections of its members. The application was heard in the Fair Work Commission, which was tasked with determining whether the proposed changes were justified and in line with relevant legislative and industrial standards.

The primary legal issues revolved around whether the proposed changes to the enterprise agreement were necessary and justifiable in light of the changes in the industry since the agreement was first made. The union argued that the existing agreement did not sufficiently account for new technologies, work practices, and the economic pressures faced by the industry. The employer, Walker Plumbing Vic Pty Ltd, contended that the current agreement was fair and that any changes would unduly benefit the union at the expense of the company's operational flexibility and financial viability. The court had to balance the union's claims of outdated provisions against the employer's need for flexibility and practicality in managing their business.

In its decision, the Fair Work Commission found that while some of the union's arguments had merit, not all the proposed changes were justified. The Commission recognised the need for the agreement to reflect current industry realities but was cautious not to overly favour one party. The Commission made specific adjustments to certain clauses, acknowledging the union's points about technological advancements and industry pressures, while rejecting others that it deemed excessive or not adequately supported by the union's evidence. The outcome reflected a compromise, aiming to update the agreement without disproportionately impacting the employer's operational needs.

The final orders of the Commission included specific amendments to the enterprise agreement, addressing particular clauses that were found to be outdated or inadequate. The changes were designed to better protect the union members while also maintaining a reasonable balance for the employer. The Commission emphasised the need for ongoing dialogue between the parties to ensure the agreement remains relevant and fair in the future.

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