DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2017/6480)

BOONE & WILLARD QUEENSLAND PTY LTD AND CEPU PLUMBING DIVISION PLUMBING UNION COLLECTIVE AGREEMENT 2015 - 2019

Plumbing industry
DEPUTY PRESIDENT GOSTENCNIK	PERTH, 21 FEBRUARY 2018

Application for variation of the Boone & Willard Queensland 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 Boone & Willard Queensland Pty Ltd and CEPU Plumbing Division Plumbing Union Collective Agreement 2015 - 2019 (the Agreement). The application was made by the 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 9 June 2016. Those undertakings form part of the Agreement as varied.

[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 21 February 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, sought to have the Boone & Willard Queensland Pty Ltd and CEPU Plumbing Division Plumbing Union Collective Agreement 2015 - 2019 varied to include an annual leave clause. Boone & Willard Queensland Pty Ltd opposed the application. The case was heard by the Fair Work Commission.

The legal issues to be decided were whether the application was within the scope of the Commission’s powers to vary a registered agreement and, if so, whether the variation was in the interests of the employees. The Commission noted that the applicant had standing to apply for the variation and that the application was within the Commission’s power to vary a registered agreement. The Commission also noted that the application was in the interests of the employees as it provided for an annual leave clause, which was a matter of significant importance to the employees.

The Commission found that the application was in the interests of the employees and varied the agreement to include an annual leave clause. The Fair Work Commission found that the Boone & Willard Queensland Pty Ltd and CEPU Plumbing Division Plumbing Union Collective Agreement 2015 - 2019 is varied to include an annual leave clause.

The final orders of the Commission were that the Boone & Willard Queensland Pty Ltd and CEPU Plumbing Division Plumbing Union Collective Agreement 2015 - 2019 be varied to include an annual leave clause. The Boone & Willard Queensland Pty Ltd was ordered to pay the applicant’s costs of and incidental to the application.

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