DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2017/6489)

BROWN & MOODIE AUSTRALIA PTY LTD AND CEPU PLUMBING DIVISION MECHANICAL UNION COLLECTIVE AGREEMENT 2015 -2019

Plumbing industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 15 FEBRUARY 2018

Application for variation of the Brown & Moodie Australia Pty Ltd and CEPU Plumbing Division Mechanical Union Collective Agreement 2015-2019.

[1] An application has been made for approval of a variation to the Brown & Moodie Australia Pty Ltd and CEPU Plumbing Division Mechanical 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 24 May 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 15 February 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The union, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, made an application for a variation of the collective agreement between Brown & Moodie Australia Pty Ltd and the CEPU Plumbing Division Mechanical Union. The Fair Work Commission (FWC) heard the application, which sought to alter the conditions of employment for employees under the agreement. The central issue before the Commission was whether the proposed changes would result in an improvement in the terms and conditions of employment for the employees.

The FWC examined the evidence provided by the union and the employer, considering whether the changes would benefit the employees and be consistent with the objectives of the Fair Work Act. The union argued that the changes were necessary to address issues such as wage growth and job security, while the employer contended that the proposed changes would place an undue financial burden on the business. The FWC balanced these competing interests, assessing the potential impact of the changes on the employees' overall conditions of employment.

The FWC determined that the proposed changes would not result in a net improvement to the employees' conditions of employment. While some aspects of the proposed changes may have been beneficial, the overall effect would not provide a significant enough benefit to justify a variation of the collective agreement. The FWC also considered the financial implications of the proposed changes on the employer, and concluded that the employer would face undue hardship if required to implement the changes. As a result, the FWC rejected the union's application for variation of the collective agreement.

The FWC ordered that the application for variation of the collective agreement be dismissed. The decision highlighted the importance of considering both the employees' and employers' interests when assessing an application for variation of a collective agreement. The FWC's decision underscored the need for any proposed changes to result in a net improvement to the employees' conditions of employment and to be balanced against the potential impact on the employer.

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