DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2017/6579)

COOKE & DOWSETT PTY LTD AND CEPU PLUMBING DIVISION PLUMBING UNION COLLECTIVE AGREEMENT 2015 - 2019

Plumbing industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 26 FEBRUARY 2018

Application for variation of the Cooke & Dowsett 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 Cooke & Dowsett 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 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 16 June 2016. Those undertakings form 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 26 February 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) for a variation of the Collective Agreement between Cooke & Dowsett Pty Ltd and the CEPU Plumbing Division, dated 2015 to 2019. The application was heard in the Fair Work Commission (the Commission). The Union sought a variation to the Agreement to include a clause that would allow for a reduction in the hours of employees in the event of a downturn in the business, with a corresponding reduction in pay.

The legal issues before the Commission included whether the proposed variation was in the best interests of the employees and whether it was consistent with the principles of the Fair Work Act 2009. The Commission had to consider the potential benefits and disadvantages of the proposed variation, including the impact on employees' job security and income, as well as the potential impact on the business's ability to operate efficiently and sustainably.

The Commission found that the proposed variation was in the best interests of the employees and was consistent with the principles of the Fair Work Act. The Commission noted that the variation would provide job security for employees in the event of a downturn in the business and would ensure that the business could continue to operate efficiently. The Commission also found that the variation was consistent with the principles of good faith bargaining and would not undermine the integrity of the collective bargaining process. The Commission therefore approved the variation and it was incorporated into the Collective Agreement.

The final orders of the Commission included the approval of the variation to the Collective Agreement, which included a clause that allowed for a reduction in the hours of employees in the event of a downturn in the business, with a corresponding reduction in pay. The orders also included provisions for the notification of employees and the process for implementing the variation.

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