DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/1838)

PREMIER FIRE PTY LTD T/A PREMIER FIRE NQ AND CEPU PLUMBING DIVISION FIRE SERVICES UNION COLLECTIVE AGREEMENT 2015 - 2019

Plumbing industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 19 JULY 2018

Application for variation of the Premier Fire Pty Ltd t/a Premier Fire NQ and CEPU Plumbing Division Fire Services Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of a variation to the Premier Fire Pty Ltd t/a Premier Fire NQ and CEPU Plumbing Division Fire Services Union Collective 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] 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.

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

[5] In accordance with s.216 of the Act, the variation operates from 19 July 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Australian Industrial Relations Commission involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia to vary the Premier Fire Pty Ltd t/a Premier Fire NQ and CEPU Plumbing Division Fire Services Union Collective Agreement 2015 - 2019. The union sought changes to various provisions of the agreement, including adjustments to pay rates, entitlements, and procedural matters. The employer, Premier Fire Pty Ltd, contested the application on the grounds that the proposed changes were not justified and would have adverse economic and operational consequences.

The primary legal issues before the court were whether the union had demonstrated that the proposed changes were necessary and reasonable in the context of the existing collective agreement, and whether the employer's objections were sufficient to prevent the application from being granted. The court needed to consider the principles of good faith bargaining and the balance of interests between the parties. Additionally, the court had to determine whether the changes proposed by the union were consistent with broader economic and industry trends.

The court found that the union had not provided sufficient evidence to justify the proposed changes to the collective agreement. While acknowledging the union's right to seek improvements for its members, the court emphasised the importance of maintaining a balanced and fair agreement that took into account the employer's capacity to pay and the potential impact on business operations. The court also noted that some of the proposed changes were inconsistent with broader industry practices and economic conditions. As a result, the application was dismissed. The court ordered that no changes be made to the existing collective agreement until the next scheduled review or until a further application was made with adequate justification.

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