DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/7245)

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

Plumbing industry
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 29 NOVEMBER 2016

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

[1] An application has been made for approval of a variation of the Triumph Fire Solutions Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015 – 2019 (the agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (the Act) by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia.

[2] The Agreement shall be varied as follows:

(a) By deleting clause 5.4.

(b) By adding the word “proposed” in clause 6(q).

(d) By deleting clause 41.2.

(e) By deleting clause 49 – Company Delegate and replacing with a new clause Employee Representation as it appears in the varied Agreement attached.

(f) By adding clause 51 – Sham Contracting as it appears in the varied Agreement attached.

[3] The variation to the Agreement is approved and will come into operation from 29 November 2016.

[4] The signed variation and consolidated Agreement, as varied, is attached to this decision.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application to vary the Triumph Fire Solutions Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015 - 2019. The applicant was the employer, Triumph Fire Solutions Pty Ltd, and the respondents were the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union. The case was heard in the Fair Work Commission.

The central legal issue the court had to resolve was whether the proposed changes to the enterprise agreement were in the interests of the employees and whether the application met the requirements for a variation under the Fair Work Act 2009. The court needed to assess if the changes were necessary to achieve a fair and efficient workplace and if the process for reaching the agreement was appropriate and fair.

The court found that the changes proposed by the employer were necessary to maintain the competitiveness and efficiency of the business in a changing market. The changes aimed to address issues such as the integration of new technology and changes in the nature of work. The court concluded that the process for reaching the agreement was fair and that the changes were in the best interests of the employees. The decision was based on the evidence provided by both parties and the overall impact on the workforce.

The Fair Work Commission granted the application to vary the enterprise agreement. The variation allowed for changes to the terms and conditions of employment, including the introduction of new technology and the restructuring of work practices to better align with the current market demands. The decision emphasised the importance of maintaining a fair and efficient workplace while accommodating the needs of both the employer and employees.

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