DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2017/6484)

2828 INDUSTRIES 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 2828 Industries 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 2828 Industries Pty Ltd and CEPU Plumbing Division Roofing Union Collective Agreement 2016-2019 (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 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 case involved an application for the variation of the 2828 Industries Pty Ltd and CEPU Plumbing Division Roofing Union Collective Agreement 2016-2019. The matter was heard in the Fair Work Commission. The union, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, sought changes to the agreement on behalf of its members employed by 2828 Industries Pty Ltd. The employer opposed the application.

The legal issues before the Commission included whether the proposed changes were necessary and fair, and if they aligned with the principles of good faith bargaining. The Commission had to consider the economic and operational impacts of the changes on both parties, as well as the broader implications for the industry and employees. The union argued that the changes were necessary to address issues such as underpayment of wages, poor working conditions, and the need for better job security. The employer contended that the proposed changes were excessive and would impose undue financial strain.

The Commission examined the evidence presented by both parties and assessed the necessity and fairness of the proposed changes. It considered the economic viability of the employer and the impact on employees. The Commission concluded that some of the proposed changes were reasonable and necessary to address the issues raised by the union. However, it found that others were not justified and would impose an unreasonable burden on the employer. The Commission varied the agreement accordingly, making specific changes to address the union's concerns while balancing the interests of both parties.

The Fair Work Commission varied the 2828 Industries Pty Ltd and CEPU Plumbing Division Roofing Union Collective Agreement 2016-2019. The changes included provisions to ensure fair wages, improve working conditions, and provide better job security for employees. The employer was required to implement these changes within the specified timeframe. The Commission also noted that any future disputes regarding the agreement should be resolved through the agreed dispute resolution process.

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