DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/682)

AXIS PLUMBING NSW PTY LTD & CEPU PLUMBING DIVISION-NSW BRANCH PLUMBING ENTERPRISE AGREEMENT 2015-2019

Plumbing industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 6 APRIL 2018

Application for variation of the Axis 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 Axis 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] 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 6 April 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the variation of the Axis Plumbing NSW Pty Ltd & CEPU Plumbing Division - NSW Branch Plumbing Enterprise Agreement 2015-2019. The applicant, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), sought changes to the agreement to better align it with contemporary industry standards and employee expectations. The respondent, Axis Plumbing NSW Pty Ltd, opposed the application, arguing that the proposed changes would impose undue financial and operational burdens.

The primary legal issues revolved around whether the proposed variations were consistent with the requirements of the Fair Work Act 2009 and whether they met the threshold for being considered "in the national system interest." The court needed to assess the fairness and reasonableness of the changes, considering both the economic impact on the employer and the benefits for the employees. The dispute also touched upon the balance of power between employers and employees under the Act, as well as the role of the Fair Work Commission in arbitrating such disputes.

The Fair Work Commission found that the proposed variations were necessary to address issues of fairness and equity in the workplace. It determined that the changes aligned with broader industry trends and were in the national system interest. The Commission emphasised the importance of maintaining a balance between the rights of employers and employees, ensuring that any variations did not unduly disadvantage either party. After thorough consideration, the Commission approved the variations to the enterprise agreement, stating that they were necessary to achieve a fair and equitable outcome for all parties involved. The decision was made in the spirit of promoting constructive industrial relations and ensuring that the agreement remained relevant and effective in the current industrial environment.

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