DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2017/6355)

GLOBE GROUP MAJOR PROJECTS PTY LTD AND CEPU PLUMBING DIVISION MECHANICAL UNION COLLECTIVE AGREEMENT 2015 - 2019

Plumbing industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 8 FEBRUARY 2018

Application for variation of the Globe Group Major Projects 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 Globe Group Major Projects 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 20 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 8 February 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, sought a variation of the Globe Group Major Projects Pty Ltd and CEPU Plumbing Division Mechanical Union Collective Agreement 2015-2019. The application was before the Fair Work Commission. The primary dispute was over the interpretation and application of specific clauses within the agreement, particularly those concerning the classification of employees and the process for determining wage rates.

The legal issues before the Commission involved the interpretation of collective bargaining agreements and the application of the principles of fairness and reasonableness in the context of employment relations. Specifically, the Commission had to determine whether the changes proposed by the applicant were consistent with the terms of the existing agreement and whether such changes were justifiable under the relevant legislative framework.

The Fair Work Commission carefully examined the provisions of the collective agreement and the submissions from both parties. The Commission found that the applicant had not provided sufficient evidence to justify the proposed variations, particularly in relation to the classification of employees. The Commission emphasised the importance of maintaining the integrity of the bargaining process and the need for any changes to be supported by clear and compelling evidence. Ultimately, the application for variation was dismissed as the applicant failed to meet the required standard of proof.

As a result of the decision, the existing collective agreement remained in force, and the terms and conditions of employment for the employees covered by the agreement were not altered. The Commission's decision underscores the importance of thorough evidence and the need for careful consideration of the implications of any proposed changes to collective agreements.

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