DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/1531)

FORAN INDUSTRIES PTY LTD & CEPU PLUMBING DIVISION - NSW BRANCH PLUMBING ENTERPRISE AGREEMENT 2015-2019

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 4 JULY 2018

Application for variation of the Foran Industries 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 Foran Industries 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 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 4 July 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Court was an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) seeking variation of the Foran Industries Pty Ltd & CEPU Plumbing Division – NSW Branch Plumbing Enterprise Agreement 2015-2019. The dispute centred around the Union's assertion that certain clauses in the enterprise agreement were inconsistent with the Fair Work Act 2009 and, therefore, required amendment. The Union argued that the changes would ensure compliance with statutory obligations and protect the rights of employees.

The primary legal issues before the Court involved the interpretation and application of the Fair Work Act 2009, specifically focusing on whether certain clauses in the enterprise agreement contravened the Act. The Court had to determine whether the enterprise agreement's provisions were inconsistent with the statutory framework and whether the proposed variations were necessary to align with the legislative requirements. The Court also considered the balance between the rights of employers and employees as outlined in the Act.

The Court, after examining the relevant provisions of the Fair Work Act 2009 and the clauses in the enterprise agreement, concluded that the Union's application was well-founded. The Court found that certain clauses did indeed contravene the Act, necessitating amendments to ensure compliance. The Court detailed its reasoning, highlighting the specific provisions in the Act that were not being met by the existing clauses and the importance of maintaining a balance between the rights of employers and employees. The Court ordered that the enterprise agreement be varied to include the proposed changes, ensuring compliance with the Fair Work Act 2009.

The Court's final orders mandated that the enterprise agreement be amended to incorporate the changes proposed by the Union, ensuring all provisions complied with the Fair Work Act 2009. The Court also directed that the parties work together to implement the variations within a specified timeframe. This decision reinforced the importance of enterprise agreements aligning with statutory obligations and protecting the rights of all parties involved.

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