DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/1160)

TACOMA TOWNSVILLE PTY LTD AND CEPU PLUMBING DIVISION PLUMBING UNION COLLECTIVE AGREEMENT 2015-2019

Plumbing industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 16 APRIL 2018

Application for variation of the Tacoma Townsville Pty Ltd and CEPU Plumbing Division Plumbing Union Collective Agreement 2015-2019.

[1] An application has been made for approval of a variation to the Tacoma Townsville Pty Ltd and CEPU Plumbing Division Plumbing 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] 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.

[4] 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.

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

[6] 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, acting on behalf of its members, sought to vary the Tacoma Townsville Pty Ltd and CEPU Plumbing Division Plumbing Union Collective Agreement 2015-2019. The union applied to the Fair Work Commission for the variation on the basis that certain provisions of the agreement were inconsistent with legislative provisions, specifically the Fair Work Act 2009. The matter was heard by the Fair Work Commission, which was required to determine whether the provisions in question were inconsistent with the Act and, if so, whether they should be varied.

The primary issue before the Commission was whether specific clauses in the agreement contravened the Fair Work Act 2009, and if they did, whether those clauses should be varied. The union argued that certain provisions relating to the terms of employment, including the classification of employees and the conditions of work, were not compliant with the legislative framework and thus needed to be altered. The employer, Tacoma Townsville Pty Ltd, contested the union's claims, arguing that the existing agreement was consistent with the Act and did not require any changes.

The Fair Work Commission examined the relevant legislative provisions and the clauses of the agreement in detail. It found that some of the provisions in question indeed conflicted with the requirements of the Fair Work Act 2009. The Commission concluded that these clauses should be varied to align with the legislative framework. It made specific orders to amend the agreement, ensuring compliance with the Act while also taking into consideration the interests of both the union and the employer. The Fair Work Commission's decision was based on a careful analysis of the statutory provisions and the terms of the agreement, ensuring that the final outcome was fair and compliant with the law.

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

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Legal Principle Established