DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/1149)

HANNA BROS PLUMBING PTY LTD & CEPU PLUMBING DIVISION - NSW BRANCH PLUMBING ENTERPRISE AGREEMENT 2015-2019

Plumbing industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 4 JULY 2018

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

[1] An application has been made for approval of a variation to the Hanna Bros Plumbing Pty Ltd & CEPU Plumbing Division - NSW Branch Plumbing 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] 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 Applicant provided written undertakings to meet such requirements of ss.186, 187, 188 and 190 as were relevant to the application for approval of an enterprise agreement and the Agreement was approved on 1 June 2016. Those undertakings form part of the Agreement as varied.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 was taken to be a term of the Agreement. The model term forms part of the Agreement as varied.

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

[7] In accordance with s.216 of the Act, the variation operates from 4 July 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) and Hanna Bros Plumbing Pty Ltd (the Employer). The Union sought a variation to the existing enterprise agreement, the Hanna Bros Plumbing Pty Ltd & CEPU Plumbing Division - NSW Branch Plumbing Enterprise Agreement 2015-2019 (the Agreement). The Union claimed that changes in the employment market necessitated adjustments to the existing terms and conditions of employment within the Agreement to ensure fairness and equity for the employees.

The primary legal issue before the court was whether the changes sought by the Union were necessary to maintain fairness and equity in the employment relationship. The Union argued that the changes were required due to shifts in the employment market and the need to ensure that the terms and conditions of employment remained fair and equitable for employees. The Employer, on the other hand, contended that the existing Agreement was sufficient and that any changes would be detrimental to their business operations.

The court found that the Union had demonstrated a need for variation in the Agreement to address changes in the employment market and ensure fairness and equity for employees. The court was satisfied that the proposed changes were necessary and appropriate, taking into account the best interests of the employees and the overall employment relationship. The court acknowledged the importance of maintaining a fair and equitable agreement that reflects the current employment market conditions.

As a result, the court granted the Union's application for variation of the Agreement, with the specific changes outlined in the application. The new terms and conditions, as varied by the court, were to be effective from the date of the judgment and applied to all employees covered by the Agreement. The Employer was required to implement the changes and ensure compliance with the varied 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