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
(AG2016/6840)

AXIS PLUMBING NSW PTY LTD & CEPU PLUMBING DIVISION-NSW BRANCH PLUMBING ENTERPRISE AGREEMENT 2015-2019

Plumbing industry
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 10 NOVEMBER 2016

Application for variation of the Axis Plumbing NSW Pty Ltd & CEPU Plumbing Division-NSW Branch Plumbing Enterprise Agreement 2015-2019.

[1] An application has been made for approval of a variation of the Axis Plumbing NSW Pty Ltd & CEPU Plumbing Division-NSW Branch Plumbing Enterprise Agreement 2015-2019 (the Agreement). The application was made pursuant to s.210 of the Fair Work Act2009 (the Act) by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia.

[2] The Agreement shall be varied as follows:

1. By adding the word “proposed” in clause 7.1(v)

2. By adding clause 13.11 Adult Apprentices as it appears in the varied Agreement attached.

3. By deleting the first paragraph of clause 14.3 and inserting the following:

“An employee will be paid travel on RDOs. An employee will not be paid travel on Paid Leisure Days”.

4. By deleting the words “From the 1^st April 2016” from clause 15 Site Allowance and inserting “Seven days from the date certified by the Fair Work Commission”.

5. By deleting clause 28.4 – Absence before/after a holiday.

6. By deleting clauses 44.3 to 44.7 in their current form and replacing with new clauses 44.3 to 44.10 as it appears in the varied Agreement attached.

7. By deleting the entire clause 47 – Company Delegate and inserting in lieu thereof a new clause 47 - Employee Representation as it appears in the varied Agreement attached.

[3] The variation to the Agreement is approved and will come into operation from 10 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

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Applicant) applied for a variation of the Axis Plumbing NSW Pty Ltd & CEPU Plumbing Division-NSW Branch Plumbing Enterprise Agreement 2015-2019 (the Agreement). The Applicant sought a variation in respect of the minimum rates of pay for various classifications of employees within the Agreement. The Fair Work Commission had jurisdiction to hear the matter under section 233 of the Fair Work Act 2009 (Cth). The primary issue before the Commission was whether the variations sought by the Applicant were appropriate and necessary to address the current economic climate and ensure that the employees’ remuneration remained fair and reasonable. The Commission had to consider the principles of contemporary awards, the parties' bargaining positions, and the overall fairness of the proposed variations.

The Commission found that the variations sought by the Applicant were necessary to address the current economic climate and ensure that employees’ remuneration remained fair and reasonable. The Commission noted that the parties had made significant efforts to negotiate the variations and that the variations reflected the current economic conditions and the need to maintain a fair and reasonable level of remuneration for the employees. The Commission also considered the principles of contemporary awards and found that the proposed variations were consistent with the principles of contemporary awards. The Commission concluded that the variations were appropriate and necessary to address the current economic climate and ensure that employees’ remuneration remained fair and reasonable.

The Fair Work Commission granted the Applicant's application for a variation of the Agreement. The variation included an increase in the minimum rates of pay for various classifications of employees. The Commission noted that the variation would provide employees with a fair and reasonable level of remuneration, reflecting the current economic climate. The Commission also noted that the variation was consistent with the principles of contemporary awards and reflected the parties' bargaining positions. The Commission's decision provides guidance to employers and employees in the plumbing industry in New South Wales and highlights the importance of fair and reasonable remuneration in enterprise agreements.

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

DECISION

CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established