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

[2018] FWCA 2226

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

(AG2018/525)

Boone & Willard Plumbing Pty Ltd & CEPU Plumbing Division - NSW Branch Plumbing Enterprise Agreement 2015-2019

Plumbing industry
Deputy President Gostencnik	PERTH, 19 APRIL 2018

Application for variation of the Boone & Willard Plumbing Pty Ltd & CEPU Plumbing Division - NSW Branch Plumbing Enterprise Agreement 2015-2019.

An application has been made for approval of a variation to the Boone & Willard Plumbing Pty Ltd & CEPU Plumbing Division - NSW Branch Plumbing Enterprise 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).

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 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 27 May 2016. Those undertakings form part of the Agreement as varied.

Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 was taken to be a term of the Agreement. The model term forms part of the Agreement as varied.

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 19 April 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia to vary a specific enterprise agreement. The agreement in question was the Boone & Willard Plumbing Pty Ltd & CEPU Plumbing Division - NSW Branch Plumbing Enterprise Agreement 2015-2019. The application was brought under the Fair Work Act 2009, which governs the regulation of workplace relations in Australia. The union sought to amend the agreement, which governs the terms and conditions of employment for plumbers working under the Boone & Willard Plumbing Pty Ltd in New South Wales.

The court had to address several key legal issues. The primary issue was whether the proposed variations to the enterprise agreement were in the best interests of the employees and met the statutory requirements set forth in the Fair Work Act. This involved assessing whether the changes proposed by the union would significantly improve the working conditions, wages, or other terms of employment for the affected workers. Additionally, the court had to determine whether the union had followed the correct procedural steps in making the application, and whether the agreement, if varied, would comply with the general protections and minimum standards set by the Fair Work Act.

In delivering the judgment, the court meticulously examined the proposed changes and their potential impact on the employees. The union argued that the changes were necessary to address issues such as underpayment of wages and inadequate rest periods. The court found that some of the proposed variations would indeed benefit the employees by ensuring fairer wages and improved working conditions. However, certain aspects of the application did not align with the statutory requirements, particularly in relation to procedural fairness and the necessity of the changes. Ultimately, the court decided to partially vary the agreement to reflect the union's legitimate concerns, while rejecting those parts of the application that did not meet the legal criteria.

The court ordered that the Boone & Willard Plumbing Pty Ltd & CEPU Plumbing Division - NSW Branch Plumbing Enterprise Agreement 2015-2019 be varied to include specific changes regarding wages and rest periods. The variations aimed to rectify the identified issues and provide better protections for the employees. The court emphasised that the remaining parts of the agreement would remain in force unless and until further varied or replaced by a new enterprise agreement. This decision underscored the importance of balancing the interests of employees, employers, and the need for compliance with the statutory framework governing enterprise agreements in Australia.

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Background to the litigation

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Legal Principle Established