DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2017/6482)

HAVENDEEN ROOFING PTY LTD AND CEPU PLUMBING DIVISION ROOFING UNION COLLECTIVE AGREEMENT 2016 - 2019

Plumbing industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 8 FEBRUARY 2018

Application for variation of the Havendeen Roofing Pty Ltd and CEPU Plumbing Division Roofing Union Collective Agreement 2016-2019.

[1] An application has been made for approval of a variation to the Havendeen Roofing Pty Ltd and CEPU Plumbing Division Roofing Union Collective Agreement 2016-2019 (the Agreement). The application was made by 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 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 to vary the Havendeen Roofing Pty Ltd and CEPU Plumbing Division Roofing Union Collective Agreement 2016-2019. The dispute centred around the interpretation and application of the Fair Work Act 2009 and the specific provisions within the agreement. The matter was heard in the Fair Work Commission.

The primary legal issue before the court was whether the applicant had established sufficient grounds for varying the terms of the collective agreement. The court had to consider whether the changes proposed by the applicant were necessary to address a genuine change in circumstances, as required by section 235(1)(b) of the Fair Work Act 2009. The applicant argued that the proposed changes were necessary to address a significant change in the economic environment and to ensure the agreement remained fair and reasonable.

The court considered the evidence presented by both parties and the relevant provisions of the Fair Work Act 2009. It found that the applicant had demonstrated a genuine change in circumstances that warranted the proposed changes. The court concluded that the changes were necessary to maintain the fairness and reasonableness of the agreement in light of the economic conditions. As a result, the court varied the collective agreement as sought by the applicant.

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