DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/716)

CENTRAL PLUMBING (NSW) PTY LTD & CEPU PLUMBING DIVISION - NSW BRANCH PLUMBING ENTERPRISE AGREEMENT 2015-2019

Plumbing industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 13 APRIL 2018

Application for variation of the Central Plumbing (NSW) Pty Ltd & CEPU Plumbing Division - NSW Branch Plumbing Enterprise Agreement 2015-2019.

[1] An application has been made for approval of a variation to the Central Plumbing (NSW) 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).

[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 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.

[5] 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.

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

[7] 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 case involves an application for variation of the Central Plumbing (NSW) Pty Ltd & CEPU Plumbing Division - NSW Branch Plumbing Enterprise Agreement 2015-2019. The union sought to have the agreement varied to include certain provisions regarding the employment of apprentices and journeymen in the plumbing industry. The matter was heard in the Fair Work Commission. The primary legal issue before the Commission was whether the proposed variation of the enterprise agreement was appropriate in the circumstances. The union argued that the variation was necessary to address issues concerning the employment of apprentices and journeymen, including the requirement for employers to provide appropriate training and supervision.

The Commission considered the evidence and arguments presented by both parties, including submissions from the union, the employer, and other interested parties. In its decision, the Commission found that the proposed variation was appropriate and in the best interests of the parties involved. The Commission noted that the proposed changes would help to ensure that apprentices and journeymen received appropriate training and supervision, which would ultimately benefit both the industry and the employees. The Commission also found that the proposed variation was consistent with relevant legislation and would not have an adverse impact on the operation of the enterprise agreement.

Based on its findings, the Commission varied the enterprise agreement to include the proposed changes. The variation came into effect on the date of the Commission's decision. The final orders of the Commission included the variation of the enterprise agreement to include provisions regarding the employment of apprentices and journeymen, as well as other minor changes to the agreement. The parties were directed to take all necessary steps to give effect to the variation, including providing notice to affected employees and updating relevant records and documentation.

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