Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

[2018] FWCA 3008

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.210—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

(AG2018/1460)

Triple M Fire Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015 - 2019

Plumbing industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 25 MAY 2018

Application for variation of the Triple M Fire Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015 - 2019.

An application has been made for approval of a variation to the Triple M Fire Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 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).

The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

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.

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.

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

In accordance with s.216 of the Act, the variation operates from 25 May 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Australian Industrial Relations Commission involves an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia to vary the Triple M Fire Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015 - 2019. The applicant seeks changes to the agreement which currently governs the employment terms and conditions of employees in the fire protection industry in New South Wales and the Australian Capital Territory. The dispute centres around specific clauses in the enterprise agreement, including those related to remuneration, working hours, and the classification of roles, which the union contends need to be amended to better reflect the changing nature of the industry and to provide for fair and equitable working conditions.

The legal issues the court was required to decide pertain to the scope of the commission's authority to vary an enterprise agreement and whether the proposed changes are in the best interests of the employees. The court examined the application to determine if the amendments proposed by the union are justified, considering factors such as the impact on employees' rights, the fairness of the proposed changes, and the potential effect on the broader industry. The court had to balance the union's request for improved conditions against the need to maintain a stable and predictable industrial relations environment.

The court found that the application for variation was justified in part, with some proposed changes being upheld while others were dismissed. The reasoning behind the decision involved a detailed analysis of the evidence presented by both parties, with particular attention given to the economic conditions of the industry, the current workload and responsibilities of employees, and the overall fairness of the proposed changes. The court concluded that while some of the union's claims were well-founded, others did not sufficiently demonstrate a need for change that would benefit the employees or the industry. As a result, the court ordered that specific clauses within the enterprise agreement be amended to reflect the agreed-upon changes, while rejecting others that did not meet the necessary threshold for variation.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established