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

[2018] FWCA 466

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

(AG2017/6031)

Auscool Airconditioning & Mechanical Services Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015-2019

Plumbing industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 23 JANUARY 2018

Application for variation of the Auscool Airconditioning & Mechanical Services Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015-2019.

An application has been made for approval of a variation to the Auscool Airconditioning & Mechanical Services Pty Ltd and CEPU - Plumbing Division Victorian Branch 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).

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 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 23 January 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 (the "Applicant") to vary the Auscool Airconditioning & Mechanical Services Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015-2019 (the "Agreement"). The Applicant sought to alter the Agreement to increase the rates of pay and other entitlements of employees covered by the Agreement.

The legal issues before the Commission were whether the application met the threshold criteria for approval under the Fair Work Act 2009 and whether the proposed variations were in the interests of the employees covered by the Agreement. The Applicant argued that the variations were necessary to address the cost of living increases and to ensure that the employees were fairly compensated for their work. The employer opposed the application, arguing that the proposed changes would place an undue financial burden on the business and would not be in the best interests of the employees.

After considering the evidence and submissions from both parties, the Commission found that the application met the threshold criteria for approval and that the proposed variations were in the interests of the employees. The Commission noted that the proposed changes would result in significant increases in pay and other entitlements for the employees, which would help to address the cost of living increases. The Commission also found that the employer had not demonstrated that the proposed changes would place an undue financial burden on the business. As a result, the Commission approved the application and the Agreement was varied accordingly.

The Fair Work Commission orders that the Auscool Airconditioning & Mechanical Services Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015-2019 be varied as per the terms set out in the application filed by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. The variation shall come into effect from the date of the Commission's decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established