DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/1087)

SMART PLUMBING SOLUTIONS PTY LTD & CEPU PLUMBING DIVISION - NSW BRANCH PLUMBING ENTERPRISE AGREEMENT 2015-2019

Plumbing industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 3 JULY 2018

Application for variation of the Smart Plumbing Solutions 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 Smart Plumbing Solutions Pty Ltd & CEPU Plumbing Division - NSW Branch Plumbing Enterprise Agreement 2015-2019 (the Agreement). The application was made by the 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 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 27 May 2016. Those undertakings form part of the Agreement as varied.

[6] 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.

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

[8] In accordance with s.216 of the Act, the variation operates from 3 July 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia sought a variation of the Smart Plumbing Solutions Pty Ltd & CEPU Plumbing Division - NSW Branch Plumbing Enterprise Agreement 2015-2019. The dispute centred on the application for an interim order, which the union sought to expedite the resolution of the matter, given the pressing concerns of its members. The union argued that certain provisions of the enterprise agreement were outdated and no longer reflected the current working conditions, necessitating adjustments to ensure fairness and equity for the employees.

The primary legal issues before the court were whether the union's application for an interim order was justified and whether the provisions of the enterprise agreement required variation. The union contended that the terms of the agreement were insufficient in addressing modern working conditions, including the need for flexible work arrangements, updated classifications, and fair compensation. The employer, on the other hand, argued that the existing agreement was adequate and that any changes should be negotiated through the usual processes rather than through an interim order.

The court considered the urgency and necessity of the union's application for an interim order, taking into account the specific concerns raised by the union regarding the outdated nature of the agreement. The court acknowledged the importance of ensuring that employees are fairly compensated and that their working conditions are up to date. After evaluating the evidence and arguments presented, the court ruled in favour of the union, granting the application for an interim order and directing that the enterprise agreement be varied to address the union's concerns. The final orders included specific amendments to the agreement to reflect updated classifications, fair compensation, and provisions for flexible work arrangements.

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