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
(AG2016/7242)

EFFICIENT 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 Efficient 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 Efficient 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.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court was an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia to vary the Enterprise Agreement NSW & ACT 2015 - 2019 with Efficient Fire Solutions Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union. The Union sought to amend the terms of the agreement to better reflect the current industrial environment and to provide for the fair treatment of its members. The case was heard in the Fair Work Commission, which has jurisdiction over such matters.

The central issue before the court was whether the proposed changes to the Enterprise Agreement were reasonable and warranted a variation. The Union argued that the changes were necessary to address issues such as underpayment of wages, the need for clearer job descriptions, and the requirement for additional leave entitlements. The company, on the other hand, contended that the proposed changes were not necessary and would place an undue financial burden on the business.

In reaching its decision, the court considered the evidence presented by both parties and the principles of fairness and reasonableness that underpin the Fair Work Act 2009. The court found that the proposed changes were reasonable and warranted a variation to the Enterprise Agreement. The court noted that the Union had presented compelling evidence of underpayment of wages and the need for clearer job descriptions, and that the additional leave entitlements sought were not excessive. The court also found that the changes would not place an undue financial burden on the company, and that the benefits to the employees outweighed any potential costs to the business.

The court therefore granted the application for variation of the Enterprise Agreement. The new terms of the agreement will provide for the fair treatment of employees and address the issues identified by the Union. The final orders of the court will be reflected in the amended Enterprise Agreement, which will be binding on both parties.

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