DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2017/6483)

VALUE ADDED LABOUR SERVICES PTY LTD AND CEPU PLUMBING DIVISION NORTH QUEENSLAND COMMERCIAL PLUMBING AND MECHANICAL UNION COLLECTIVE AGREEMENT 2015 - 2019

Plumbing industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 8 FEBRUARY 2018

Application for variation of the Value Added Labour Services Pty Ltd and CEPU Plumbing Division North Queensland Commercial Plumbing and Mechanical Union Collective Agreement 2015 - 2019.

[1] An application has been made for approval of a variation to the Value Added Labour Services Pty Ltd and CEPU Plumbing Division North Queensland Commercial Plumbing and 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 8 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 8 February 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia sought a variation of the Value Added Labour Services Pty Ltd and CEPU Plumbing Division North Queensland Commercial Plumbing and Mechanical Union Collective Agreement 2015 - 2019. The Union argued that the agreement should be varied to allow the employer to pay workers a loading on top of their base rates, instead of paying them the full amount of the base rates, and then an additional amount as a loading. The Union contended that this change would be beneficial for the workers, as it would simplify their pay and reduce the risk of underpayments.

The Commission was required to determine whether the proposed variation was reasonable and consistent with the principles of good faith bargaining. The Union argued that the variation would not significantly alter the terms and conditions of employment, and that it would benefit the workers by making their pay easier to understand. The employer, on the other hand, argued that the variation would result in a decrease in the workers' take-home pay, and that it would create confusion and complexity in the pay system.

The Commission found that the proposed variation was reasonable and consistent with the principles of good faith bargaining. It noted that the Union had demonstrated that the variation would not significantly alter the terms and conditions of employment, and that it would benefit the workers by making their pay easier to understand. The Commission also found that the variation was consistent with the principles of good faith bargaining, as it had been negotiated in a spirit of cooperation and mutual benefit. The application for variation was therefore approved.

The Fair Work Commission approved the variation to the Value Added Labour Services Pty Ltd and CEPU Plumbing Division North Queensland Commercial Plumbing and Mechanical Union Collective Agreement 2015 - 2019, allowing the employer to pay workers a loading on top of their base rates, instead of paying them the full amount of the base rates, and then an additional amount as a loading. The Commission found that the variation was reasonable and consistent with the principles of good faith bargaining, and that it would benefit the workers by making their pay easier to understand.

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