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

[2018] FWCA 2194

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

(AG2018/289)

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

Plumbing industry
Deputy President Gostencnik	MELBOURNE, 16 APRIL 2018

Application for variation of the ARA Fire Protection Services 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 ARA Fire Protection Services 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 16 April 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties in this case are the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the "Union") and Fire Protection Services Pty Ltd (the "Employer"). The dispute concerns an application for variation of the ARA Fire Protection Services Pty Ltd & CEPU NSW/ NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015 - 2019 (the "Agreement"). The case was heard in the Fair Work Commission. The central legal issue before the Commission was whether the proposed changes to the Agreement were reasonable and appropriate in all the circumstances, particularly in relation to the impact on employee entitlements and the financial viability of the Employer.

The Commission considered the application for variation in the context of the Fair Work Act 2009 and relevant case law. Key factors included the need for a fair balance between the interests of the employees and the Employer, the effect of the proposed changes on employee entitlements, and the financial implications for the Employer. The Union argued that the changes were necessary to ensure the Employer's financial viability, while the Employer contended that the proposed changes would adversely affect employee entitlements and were not in the best interests of the workforce.

The Commission found that the proposed changes were reasonable and appropriate, taking into account the need for a fair balance between the parties' interests. The Commission emphasised that the changes would not significantly impact employee entitlements and were necessary to ensure the Employer's financial sustainability. The Union's arguments about the importance of maintaining employee entitlements were acknowledged, but the Commission concluded that the proposed changes were in the best interests of the parties overall.

The Fair Work Commission varied the Agreement as requested by the Employer, with specific modifications to the terms and conditions of employment. The decision was based on the findings that the changes were reasonable and appropriate, and that they would not have an unduly adverse effect on the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established