DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2017/6486)

AXIS PLUMBING QLD PTY LTD AND CEPU PLUMBING DIVISION PLUMBING UNION COLLECTIVE AGREEMENT 2015 - 2019

Plumbing industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 8 FEBRUARY 2018

Application for variation of the Axis Plumbing Qld 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 Axis Plumbing Qld Pty Ltd and CEPU Plumbing Division Plumbing Union Collective Agreement 2015 - 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 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 8 February 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, which sought to vary the Axis Plumbing Qld Pty Ltd and CEPU Plumbing Division Plumbing Union Collective Agreement 2015 - 2019. The application was lodged with the Fair Work Commission. The union sought to amend various provisions of the agreement to better reflect the current economic climate and the changing needs of the workforce.

The legal issues before the court centred on whether the proposed variations were necessary to achieve a fair and reasonable outcome for all parties involved. The court had to determine if the changes to the agreement were consistent with the objectives of the Fair Work Act 2009 and whether they were in the best interests of the employees. Additionally, the court had to consider if the variations would unduly prejudice the employer, Axis Plumbing Qld Pty Ltd.

The Fair Work Commission carefully considered the submissions from both the union and the employer. The commission found that the proposed changes to the agreement were necessary to address the evolving economic landscape and the needs of the workforce. The commission determined that the variations were fair and reasonable and would not unduly prejudice the employer. Consequently, the application for variation was approved, and the amended agreement was registered.

The final orders of the court mandated the registration of the varied collective agreement, which included changes to provisions such as wage rates, working conditions, and dispute resolution mechanisms. The decision underscored the commission's commitment to ensuring that collective agreements remain relevant and equitable in a dynamic industrial environment.

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