DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2017/2961)

INNOVATION FIRE SERVICES PTY LTD & CEPU NSW/NFIA SPRINKLER FITTING FIRE PROTECTION UNION ENTERPRISE AGREEMENT NSW & ACT 2015 - 2019

Plumbing industry
DEPUTY PRESIDENT DEAN	SYDNEY, 27 JULY 2017

Application for variation of the Innovation Fire Services Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015 - 2019.

[1] On 19 July 2017, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia filed an application pursuant to s.210 of the Fair Work Act 2009 (the Act) for approval of variation to the Innovation Fire Services Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015 - 2019 (the Agreement).

[2] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval have been met. The variation can be found at Annexure A to this decision.

[3] The variation to the Agreement is approved. In accordance with s.216 of the Act, the variation will operate from 27 July 2017.

[4] The consolidated version of the Agreement, as varied, is attached to this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The union, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, sought a variation to the Enterprise Agreement between Innovation Fire Services Pty Ltd and CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union for the period 2015 to 2019. The application was heard in the Fair Work Commission. The union's application primarily focused on changes to the agreement's provisions concerning overtime payments, shift differentials, and allowances for certain employees. The union argued that the changes were necessary to address discrepancies and ensure fairness in compensation for employees.

The legal issues before the Commission involved interpreting the terms of the existing Enterprise Agreement and determining whether the proposed changes aligned with the principles of good faith bargaining and fairness. The Commission had to consider whether the changes were necessary and appropriate in light of the union's claims regarding the need for updated compensation structures. Additionally, the Commission needed to assess whether the proposed changes complied with relevant industrial laws and regulations.

The Fair Work Commission found that the union had demonstrated a need for the proposed changes, particularly regarding the accuracy and fairness of overtime payments and allowances. The Commission acknowledged the importance of ensuring that employees are compensated appropriately for their work. The Commission also considered the employer's objections and determined that the changes were necessary to address the identified issues. Ultimately, the Commission varied the Enterprise Agreement to include the proposed changes, reflecting a balance between the parties' interests and the need for fair compensation practices.

The final orders included amendments to the Enterprise Agreement to reflect the changes proposed by the union, including specific adjustments to overtime payments, shift differentials, and allowances. The Commission's decision aimed to ensure that the agreement more accurately reflected the compensation needs of the employees while maintaining a fair and balanced approach to the bargaining process.

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