| [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
<AE422338 PR607476>
- AGLC
- Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2018] FWCA 3008
- Case
- [2018] FWCA 3008
- Decision Date
CaseChat Overview and Summary
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.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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