DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/1670)

ENDFIRE ENGINEERING PTY LTD AND CEPU PLUMBING DIVISION FIRE SERVICES UNION COLLECTIVE AGREEMENT 2015-2019

Plumbing industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 13 JULY 2018

Application for variation of the Endfire Engineering Pty Ltd and CEPU Plumbing Division Fire Services Union Collective Agreement 2015-2019.

[1] An application has been made for approval of a variation to the Endfire Engineering Pty Ltd 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 13 July 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 to vary a collective agreement. The union sought changes to the agreement between Endfire Engineering Pty Ltd and the CEPU Plumbing Division Fire Services Union, which was in place for the period 2015 to 2019. The union aimed to address various concerns related to employment conditions, including issues of redundancy and employment duration. The Fair Work Commission was tasked with determining whether the proposed variations were justified and whether they aligned with the principles of good faith bargaining and fairness.

The central legal issues revolved around the interpretation and application of the Fair Work Act 2009, specifically sections pertaining to the process for varying a registered agreement. The union argued that the changes were necessary to address unfair employment practices and to ensure that the agreement reflected the current needs of its members. The employer, Endfire Engineering Pty Ltd, opposed the variations, contending that the union's request was not in good faith and that the proposed changes would impose unreasonable costs and operational burdens.

The Fair Work Commission carefully considered the arguments presented by both parties. It examined the evidence regarding the employment practices and conditions in question, as well as the broader context of the collective bargaining process. The Commission noted the union's responsibility to act in good faith and to provide a reasonable basis for the requested variations. Ultimately, the Commission found that the union had not demonstrated sufficient grounds for the proposed changes, and that the employer had valid concerns about the impact of the variations on its operations. Consequently, the application for variation was dismissed.

The Fair Work Commission's decision emphasised the importance of good faith bargaining and the need for any changes to a collective agreement to be well-founded and reasonable. The Commission concluded that the union had not met the necessary threshold to justify the proposed variations. As a result, the application was dismissed, and the existing collective agreement remained in effect.

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