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.

[1] 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).

[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 19 May 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 6 February 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, and the CEPU Plumbing Division Mechanical Union, which sought a variation of the Value Added Labour Services Pty Ltd and CEPU Plumbing Division Mechanical Union Collective Agreement 2015-2019. The dispute centred on the interpretation and application of the existing agreement, specifically concerning wage rates and conditions for employees. The matter was heard by the Fair Work Commission.

The primary legal issues before the Commission were whether the proposed variation to the collective agreement was fair and reasonable and whether it met the statutory criteria for approval under the Fair Work Act 2009. The Commission had to determine if the changes proposed by the union were justified and beneficial to the employees and if they complied with the legal standards set forth in the Act.

The Fair Work Commission concluded that the proposed variation was fair and reasonable. The Commission found that the changes were justified and would benefit the employees by improving their wages and conditions. The Commission also determined that the variation met the statutory criteria under the Fair Work Act, as it did not undermine the fundamental principles of the Act. The Commission approved the variation, emphasising the importance of balancing the rights and interests of both employers and employees in the collective bargaining process.

The Fair Work Commission ordered the variation to the Value Added Labour Services Pty Ltd and CEPU Plumbing Division Mechanical Union Collective Agreement 2015-2019, as proposed by the union. The new terms and conditions would come into effect on the date specified in the variation and would apply to all employees covered by the agreement.

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