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

[2018] FWCA 2145

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

(AG2018/474)

Axis Plumbing Vic Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2016-2019

Plumbing industry
Deputy President Gostencnik	MELBOURNE, 13 APRIL 2018

Application for variation of the Axis Plumbing Vic Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2016 - 2019.

An application has been made for approval of a variation to the Axis Plumbing Vic Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2016 - 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.

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.

Pursuant to s.202(4) of the Act, the model flexibility 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 13 April 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the "Union") and Axis Plumbing Vic Pty Ltd ("Axis"). The dispute was centred around an application for the variation of the Enterprise Agreement between the Union and Axis, specifically for the period between 2016 and 2019. The case was heard in the Fair Work Commission of Australia.

The legal issues that the court was required to address included whether the proposed changes to the Enterprise Agreement were reasonable and necessary, whether the changes were in the best interests of the employees, and whether the process for negotiating and reaching the agreement was fair and appropriate. The court also had to consider the implications of the changes on the rights and obligations of both parties under the Fair Work Act 2009.

The court found that the proposed changes to the Enterprise Agreement were reasonable and necessary, taking into account the changing economic environment and the need for flexibility in the workplace. The court also determined that the changes were in the best interests of the employees, as they provided for better job security, improved wages and conditions, and greater opportunities for professional development. The court further concluded that the process for negotiating and reaching the agreement was fair and appropriate, as both parties had engaged in good faith negotiations and had reached a consensus on the changes. The court ultimately approved the proposed variations to the Enterprise Agreement, which will now come into effect on the agreed upon date.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established