DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2017/6353)

TACOMA PLUMBING & DRAINAGE 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 Tacoma Plumbing & Drainage 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 Tacoma Plumbing & Drainage 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 matter before the Fair Work Commission involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, acting on behalf of its members, and Tacoma Plumbing & Drainage Pty Ltd. The union sought to vary the collective agreement governing the terms and conditions of employment for its members employed by Tacoma. The dispute centred on issues related to the classification and wages of the employees. The Fair Work Commission was tasked with determining whether the proposed changes to the agreement were fair and reasonable.

The primary legal issues that the Commission had to address were whether the proposed changes to the collective agreement were procedurally and substantively fair. Procedural fairness involved considering whether the union had properly followed the processes set out in the Fair Work Act 2009 for varying a collective agreement. Substantive fairness required the Commission to examine whether the changes proposed were reasonable in the context of the overall agreement and the interests of the employees. The Commission had to balance the interests of the union and the employer, while also considering the impact on the employees.

In its decision, the Fair Work Commission found that the union had followed the necessary procedural steps in proposing the changes to the collective agreement. The Commission examined the evidence presented by both parties and concluded that the changes were substantively fair. The proposed changes addressed legitimate concerns raised by the union and were considered reasonable in light of the overall agreement and the interests of the employees. The Commission determined that the changes would not unduly disadvantage the employer and would benefit the employees by addressing their concerns. Consequently, the Commission varied the collective agreement as proposed by the union.

The final orders of the Commission included the variation of the Tacoma Plumbing & Drainage Pty Ltd and CEPU Plumbing Division Plumbing Union Collective Agreement 2015-2019 to reflect the changes proposed by the union. The specific changes encompassed adjustments to the classification and wages of the employees, as well as other terms and conditions of employment. The Fair Work Commission's decision was based on a thorough examination of the evidence and a careful consideration of the interests of all parties involved. The outcome of the case resulted in a fair and reasonable resolution to the dispute between the union and the employer, while also addressing the concerns of the 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