DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2017/5903)

AUSTRALIAN PIPE SOLUTIONS PTY LTD & CEPU PLUMBING DIVISION – NSW BRANCH MECHANICAL ENTERPRISE AGREEMENT 2015-2019

Plumbing industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 5 FEBRUARY 2018

Application for variation of the Australian Pipe Solutions Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical Enterprise Agreement 2015-2019.

[1] An application has been made for approval of a variation to the Australian Pipe Solutions Pty Ltd & CEPU Plumbing Division - NSW Branch Mechanical Enterprise 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 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 5 February 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant union sought to vary the Australian Pipe Solutions Pty Ltd & CEPU Plumbing Division – NSW Branch Mechanical Enterprise Agreement 2015-2019. The dispute centred on the interpretation and application of the agreement's provisions, particularly those related to shift patterns, overtime, and weekend work. The matter was heard in the Fair Work Commission.

The central legal issue before the Commission was whether the employer had contravened the enterprise agreement by unilaterally changing the shift patterns, overtime entitlements, and weekend work arrangements without adhering to the agreed dispute resolution processes. The union argued that the employer's actions were inconsistent with the provisions of the agreement, which required any changes to be negotiated with the union. The employer, on the other hand, contended that the changes were necessary due to operational requirements and were within its rights under the agreement.

The Commission considered the specific language of the agreement, the circumstances leading to the changes, and the procedural fairness of the employer's actions. It was noted that the agreement contained clear provisions for dispute resolution and amendment processes, which the employer had not followed. The Commission found that the employer had acted unilaterally and in breach of the agreement by implementing changes without negotiation. Consequently, the Commission ordered the employer to revert to the original shift patterns, overtime entitlements, and weekend work arrangements as per the enterprise agreement, and to engage in good faith negotiations with the union to address any future operational changes.

The Fair Work Commission ordered the employer to reinstate the original shift patterns, overtime entitlements, and weekend work arrangements as specified in the enterprise agreement. Additionally, the employer was directed to engage in good faith negotiations with the union to discuss any future operational changes that may require amendments to the agreement. The Commission emphasised the importance of adhering to the agreed dispute resolution processes and maintaining procedural fairness in any future negotiations.

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