DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2017/5888)

WORMALD AND CEPU - PLUMBING DIVISION (VIC) FIRE PROTECTION SERVICE AGREEMENT VICTORIA 2016-2020

Plumbing industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 16 JANUARY 2018

Application for approval of the Wormald and CEPU - Plumbing Division (Vic) Fire Protection Service Agreement Victoria 2016-2020.

[1] An application has been made for approval of a variation to the Wormald and CEPU - Plumbing Division (Vic) Fire Protection Service Agreement Victoria 2016-2020 (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 employer has provided written undertakings. A copy of the undertakings is attached in Annexure B. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[5] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

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

[7] In accordance with s.216 of the Act, the variation operates from 16 January 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this matter are the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Wormald. The dispute pertains to an application for approval of the Wormald and CEPU - Plumbing Division (Vic) Fire Protection Service Agreement Victoria 2016-2020. The case was heard in the Fair Work Commission. The central legal issue before the court was whether the proposed agreement should be approved, considering its compliance with the relevant legislative framework. Specifically, the court needed to assess whether the agreement met the statutory requirements set forth in the Fair Work Act 2009.

In its reasoning, the court examined the provisions of the agreement and the evidence presented by both parties. The court considered the implications of the agreement on the terms and conditions of employment for the employees involved, ensuring that the agreement did not unjustifiably worsen the conditions for any party. The court also evaluated the agreement's alignment with the broader objectives of the Fair Work Act, including the protection of employees' rights and interests. Ultimately, the court found that the agreement was compliant with the legislative requirements and approved the application for the agreement.

The Fair Work Commission granted the application for approval of the Wormald and CEPU - Plumbing Division (Vic) Fire Protection Service Agreement Victoria 2016-2020. The court's decision was based on its determination that the agreement met the statutory requirements and did not unjustifiably harm the rights or interests of any party involved. The court's approval of the agreement ensures that the terms and conditions of employment for the employees are legally compliant and in line with the principles of the Fair Work Act.

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