DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2017/6488)

BEAVIS & BARTELS PTY LTD AND CEPU PLUMBING DIVISION PLUMBING UNION COLLECTIVE AGREEMENT 2015-2019

Plumbing industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 12 FEBRUARY 2018

Application for variation of the Beavis & Bartels 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 Beavis & Bartels 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 variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[5] In accordance with s.216 of the Act, the variation operates from 12 February 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) for a variation of the Beavis & Bartels Pty Ltd and CEPU Plumbing Division Plumbing Union Collective Agreement 2015-2019. The application sought to amend the agreement to allow for a new classification of employees, namely "Plumbing Apprentices," who would be paid a lower wage rate than existing apprentices. The employer, Beavis & Bartels Pty Ltd, opposed the application, arguing that the proposed variation was not in the best interests of the employees and would undermine the integrity of the existing agreement.

The legal issues before the Commission were whether the proposed variation was appropriate and whether it was in the best interests of the employees. The Commission considered the relevant provisions of the Fair Work Act 2009 and the principles of good faith bargaining and fairness in industrial relations. The Union argued that the proposed variation was necessary to address the changing nature of the plumbing industry and to provide a pathway for new entrants into the trade. The employer argued that the proposed variation would undermine the existing agreement and would not provide fair and reasonable outcomes for employees.

The Commission found that the proposed variation was not appropriate and was not in the best interests of the employees. The Commission noted that the existing agreement provided for a clear pathway for apprentices to progress to the classification of "Plumber" and that the proposed variation would create a new and inferior classification. The Commission also found that the proposed variation would undermine the integrity of the existing agreement and would not provide fair and reasonable outcomes for employees. The Commission rejected the application and ordered that the existing agreement remain in place.

The Commission's decision provides guidance to employers and unions in relation to the appropriate scope of variations to existing collective agreements. The decision emphasises the importance of good faith bargaining and the need to consider the interests of all employees when proposing changes to an existing agreement. The decision also highlights the importance of maintaining the integrity of existing agreements and the need to avoid creating new and inferior classifications that may undermine the rights and protections of employees.

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