DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/805)

TRIPLE ‘M’ MECHANICAL SERVICES (QLD) PTY LTD AND CEPU PLUMBING DIVISION MECHANICAL UNION COLLECTIVE AGREEMENT 2015 - 2019

Plumbing industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 3 MAY 2018

Application for variation of the Triple ‘M’ Mechanical Services (QLD) Pty Ltd and CEPU Plumbing Division Mechanical Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of a variation to the Triple ‘M’ Mechanical Services (QLD) Pty Ltd and CEPU Plumbing Division Mechanical 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 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 3 May 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) and Triple ‘M’ Mechanical Services (QLD) Pty Ltd (the Employer). The Union sought to vary the terms of their existing collective agreement, the CEPU Plumbing Division Mechanical Union Collective Agreement 2015 - 2019, which was in dispute. The case was heard in the Fair Work Commission (FWC), an Australian industrial relations tribunal.

The legal issues before the FWC centred on whether the proposed variations to the collective agreement were fair and reasonable, and whether the process by which the variations were proposed complied with relevant industrial relations legislation. The Union argued that the proposed changes would better reflect the economic realities of the industry and improve the working conditions of the employees, while the Employer contended that the changes were unnecessary and would impose undue financial strain on the business.

The FWC considered the submissions from both parties and examined the evidence presented. The Commission determined that the proposed variations were fair and reasonable, taking into account the economic conditions of the industry and the need to protect the rights and interests of both the employees and the Employer. The FWC found that the process by which the variations were proposed complied with relevant legislation, and that the changes would not impose an undue financial burden on the Employer.

As a result, the FWC approved the variation of the collective agreement as proposed by the Union. The new terms will now apply to the employees covered by the agreement, and both the Union and the Employer must adhere to the updated conditions of employment. The decision of the FWC is final and binding on both parties, and no further legal action can be taken in relation to the matter.

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