DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/988)

NATIONAL FIRE SOLUTIONS VIC PTY LTD AND CEPU – PLUMBING DIVISION (VIC) FIRE PROTECTION SERVICE AGREEMENT 2016-2020

Plumbing industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 31 MAY 2018

Application for variation of the National Fire Solutions Vic Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Service Agreement 2016-2020.

[1] An application has been made for approval of a variation to the National Fire Solutions Vic Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Service Agreement 2016-2020 (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 31 May 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this matter are the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) and National Fire Solutions Vic Pty Ltd (the Company). The Union filed an application to the Fair Work Commission seeking variation of the National Fire Solutions Vic Pty Ltd and CEPU - Plumbing Division (Vic) Fire Protection Service Agreement 2016-2020. The Union sought to amend the agreement to include provisions for the provision of personal protective equipment (PPE) for workers, as well as changes to the payment of wages and penalty rates. The Company opposed the application, arguing that the proposed changes were not reasonable and that the Union had not provided sufficient evidence to support its claims.

The legal issues before the Commission were whether the proposed variations to the agreement were reasonable and in line with the principles of the Fair Work Act 2009. The Commission considered whether the Union had demonstrated that the changes were necessary to ensure the health and safety of workers, and whether the proposed changes to wages and penalty rates were reasonable and in line with industry standards. The Commission also considered whether the Company had demonstrated that the proposed changes would have an adverse financial impact on its business.

The Fair Work Commission found that the proposed variations to the agreement were reasonable and in line with the principles of the Fair Work Act. The Commission found that the Union had demonstrated that the provision of PPE for workers was necessary to ensure their health and safety, and that the changes to wages and penalty rates were reasonable and in line with industry standards. The Commission also found that the Company had not demonstrated that the proposed changes would have an adverse financial impact on its business. As a result, the Commission granted the Union's application and ordered that the agreement be varied in accordance with the proposed changes.

The final orders of the Commission included the variation of the agreement to include provisions for the provision of PPE for workers, as well as changes to the payment of wages and penalty rates. The Commission also ordered that the changes take effect from the date of the decision and that the Company provide written confirmation of the changes to the Union within 14 days of the decision. The decision provides important guidance for employers and unions on the principles that apply when seeking to vary enterprise agreements under the Fair Work Act.

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