| [2018] FWCA 946 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.210—Enterprise agreement
Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2017/6586)
COOLMASTER (QLD) PTY LTD AND CEPU PLUMBING DIVISION MECHANICAL UNION COLLECTIVE AGREEMENT 2015 - 2019
Plumbing industry | |
DEPUTY PRESIDENT GOSTENCNIK | MELBOURNE, 13 FEBRUARY 2018 |
Application for variation of the Coolmaster (QLD) 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 Coolmaster (QLD) 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 16 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 13 February 2018.
DEPUTY PRESIDENT
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- AGLC
- Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2018] FWCA 946
- Case
- [2018] FWCA 946
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the FWC was whether the changes in the nature of work carried out by Coolmaster employees constituted a material change in circumstances that warranted a variation of the existing collective agreement. The union argued that the changes were significant enough to warrant a review and potential alteration of the agreement terms. The employer, on the other hand, contended that the changes did not materially affect the working conditions or the terms of employment as outlined in the agreement.
The FWC, after considering the evidence and submissions from both parties, found that the changes in the nature of work did constitute a material change in circumstances. The Commission noted that the changes had resulted in a significant alteration in the tasks performed by employees, which had not been contemplated at the time the agreement was made. The FWC held that the changes necessitated a variation to the agreement to accurately reflect the current working conditions and ensure fairness for both parties. Consequently, the application for variation was approved, and the terms of the collective agreement were adjusted accordingly.
The final orders included the approval of the application for variation of the existing collective agreement and the implementation of the new terms as agreed upon by the parties. The FWC also directed the parties to return to negotiations to finalise the specifics of the new agreement within a specified timeframe. This decision underscores the importance of collective agreements being adaptable to changes in the workplace to ensure they remain fair and relevant.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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