DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/1289)

CC P & D PTY LTD AND CEPU PLUMBING DIVISION UNION COLLECTIVE AGREEMENT 2015 - 2019

Plumbing industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 25 JUNE 2018

Application for variation of the CC P & D Pty Ltd and CEPU Plumbing Division Plumbing Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of a variation to the CC P & D Pty Ltd and CEPU Plumbing Division 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 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 9 June 2016. Those undertakings form part of the Agreement as varied.

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

[6] In accordance with s.216 of the Act, the variation operates from 25 June 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, along with the CEPU Plumbing Division, as applicants, seeking to vary the existing Plumbing Union Collective Agreement 2015 - 2019 with CC P & D Pty Ltd. The dispute centred on the terms and conditions of employment for plumbers within the specified agreement period. The matter was heard in the Fair Work Commission, an Australian tribunal responsible for resolving workplace disputes.

The legal issues before the Commission included whether the proposed changes to the collective agreement were reasonable and whether they complied with the relevant provisions of the Fair Work Act 2009. Specifically, the applicants sought amendments to address the employment of plumbers in light of changing industry standards and to ensure fair remuneration. The Commission was tasked with assessing the fairness and reasonableness of the proposed changes in line with the statutory criteria set out in the Act.

In its decision, the Commission carefully considered the submissions from both parties, examining the context of the industry, the current economic climate, and the implications of the proposed changes on both employers and employees. The Commission found that the proposed changes were reasonable and in line with the statutory criteria. It noted that the changes aimed to address contemporary challenges in the plumbing industry and ensure that employees were fairly compensated for their work. The Commission ultimately approved the variation to the collective agreement, emphasising the importance of maintaining a balance between the interests of employers and employees.

The Fair Work Commission granted the variation to the Plumbing Union Collective Agreement 2015 - 2019, effective from the date of the decision. The new terms were to be implemented to reflect the changing dynamics of the industry and to ensure fair and reasonable conditions for 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