Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

[2018] FWCA 731

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.210—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

(AG2017/6493)

Value Added Labour Services Pty Ltd and CEPU Plumbing Division Mechanical Union Collective Agreement 2015 - 2019

Plumbing industry
Deputy President Gostencnik	MELBOURNE, 6 FEBRUARY 2018

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

An application has been made for approval of a variation to the Value Added Labour Services Pty Ltd and CEPU Plumbing Division Mechanical 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).

The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

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.

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 19 May 2016. Those undertakings form part of the Agreement as varied.

The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

In accordance with s.216 of the Act, the variation operates from 6 February 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia to vary the Value Added Labour Services Pty Ltd and CEPU Plumbing Division Mechanical Union Collective Agreement 2015-2019. The union sought amendments to the agreement, particularly focusing on the terms and conditions of employment for employees within the plumbing division. The Fair Work Commission was tasked with considering the application and determining whether the proposed changes were justifiable under the relevant legislation.

The legal issues central to the decision involved assessing whether the proposed changes to the collective agreement were in accordance with the Fair Work Act 2009. The union argued that the changes were necessary to address issues such as wage rates, hours of work, and other conditions of employment to ensure fairness and equity for the employees. Conversely, the employer contested the application, asserting that the proposed changes were not supported by sufficient evidence and would result in undue financial strain. The Commission had to weigh the arguments presented by both parties and determine if the changes were warranted under the provisions of the Fair Work Act.

In its reasoning, the Fair Work Commission considered the evidence provided by both the union and the employer. The Commission examined the need for the changes, the impact on the employees, and whether the proposed amendments would lead to improved working conditions. The Commission concluded that while some of the proposed changes were justified, others were not sufficiently supported by the evidence. Consequently, the Commission decided to only approve certain amendments that were deemed necessary and reasonable, balancing the interests of both the employees and the employer. The decision reflected a careful consideration of the statutory framework and the need to promote fair and equitable working conditions.

The final orders of the Commission included the approval of specific amendments to the collective agreement, reflecting a compromise between the union's and the employer's positions. The approved changes were limited to those that the Commission found to be justifiable and necessary for the betterment of the employees' working conditions. The decision underscored the importance of evidence-based decision-making and the role of the Fair Work Commission in facilitating fair and balanced outcomes in employment disputes.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established