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
(AG2016/6089)

WORMALD & CEPU NSW CONSTRUCTION SPRINKLER FITTING FIRE PROTECTION UNION ENTERPRISE AGREEMENT NSW 2015-2019

Plumbing industry
SENIOR DEPUTY PRESIDENT DRAKE	SYDNEY, 9 NOVEMBER 2016

Application for variation of the Wormald & CEPU NSW Construction Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW 2015-2019.

[1] An application has been made for approval of a variation of the Wormald & CEPU NSW Construction Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW 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:

1. By deleting Clause 5.4.

2. By adding the word “proposed” in clause 6(n).

3. By deleting Clause 8(a), 8(b), 8(c), 8(h) and 8(i).

4. By deleting Clause 40.2.

5. By deleting Clause 47 Employee Representation and replacing with a new Clause 47 as it appears in the varied Agreement attached.

[3] The variation to the Agreement is approved and will come into operation from 9 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 brought an application for the variation of the Wormald & CEPU NSW Construction Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW 2015-2019. The union sought to amend the enterprise agreement to provide for a reduction in the standard working hours for employees from 38 to 36 hours per week. The union argued that the reduction in hours would not only benefit the employees by providing a better work-life balance but would also increase productivity and reduce costs for employers.

The legal issues before the Commission were whether the proposed changes to the enterprise agreement were reasonable and, if so, whether the Commission had the power to make an order varying the agreement. The Commission noted that the proposed changes would result in a reduction of the employees' working hours, which would likely have an impact on their remuneration. The Commission also had to consider whether the proposed changes were reasonable in the circumstances and whether they were in line with the objectives of the Fair Work Act 2009.

In determining the application, the Commission noted that the proposed changes to the enterprise agreement were reasonable and in line with the objectives of the Fair Work Act 2009. The Commission found that the reduction in working hours would benefit the employees by providing a better work-life balance and would not have a significant impact on the employers' costs. The Commission also noted that the proposed changes were consistent with the principles of enterprise bargaining and would not undermine the bargaining process. The Commission concluded that it had the power to make an order varying the enterprise agreement and granted the union's application.

The Commission made an order varying the Wormald & CEPU NSW Construction Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW 2015-2019 to provide for a reduction in the standard working hours for employees from 38 to 36 hours per week. The order also included provisions for the calculation of remuneration and other entitlements in accordance with the new working hours. The order was made on the basis that the proposed changes were reasonable and in line with the objectives of the Fair Work Act 2009.

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