DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/976)

FLAMESAFE FIRE PROTECTION PTY LIMITED (“COMPANY”) & CEPU NSW UNION / NFIA NSW SPRINKLER FITTING / FIRE PROTECTION ENTERPRISE AGREEMENT NSW & ACT 2015 - 2019

Plumbing industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 3 JULY 2018

Application for variation of the FlameSafe Fire Protection Pty Limited (“Company”) & CEPU NSW Union / NFIA NSW Sprinkler Fitting / Fire Protection Enterprise Agreement NSW & ACT 2015 - 2019.

[1] An application has been made for approval of a variation to the FlameSafe Fire Protection Pty Limited (“Company”) & CEPU NSW Union / NFIA NSW Sprinkler Fitting / Fire Protection Enterprise Agreement NSW & ACT 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] 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 3 July 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia for a variation of the enterprise agreement between FlameSafe Fire Protection Pty Limited and the union. The application was brought under the Fair Work Act 2009. The dispute centred on the interpretation and application of the enterprise agreement, specifically regarding the terms and conditions of employment for employees in the fire protection industry. The Fair Work Commission, which heard the case, was tasked with determining whether the application for variation met the criteria set out in the legislation and if the proposed changes were fair and reasonable.

The central legal issues that the court needed to address were whether the application for variation was valid and whether the proposed changes to the enterprise agreement were justified. The court had to examine the current terms of the agreement, the nature of the proposed changes, and the impact of those changes on the employees and the employer. Additionally, the court needed to consider whether the application process complied with the requirements of the Fair Work Act and whether the proposed changes were in the best interests of the employees and the employer.

The court, after reviewing the evidence and arguments presented by both parties, determined that the application for variation was valid and that the proposed changes were fair and reasonable. The court found that the application process had been followed correctly and that the changes were necessary to address specific issues that had arisen in the implementation of the original agreement. The court also concluded that the proposed changes would not adversely affect the employees and would, in fact, provide them with improved terms and conditions of employment. The court thus approved the application for variation, allowing the enterprise agreement to be amended accordingly.

The final orders of the court included the approval of the application for variation of the enterprise agreement, the implementation of the proposed changes, and the establishment of new terms and conditions for the employees. The court also directed that the new agreement be registered with the Fair Work Commission and that the parties comply with the terms of the amended agreement. The decision was binding on both the employer and the union, and it provided clarity and certainty regarding the terms of employment for the employees covered by the enterprise 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