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
(AG2016/5897)

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

Plumbing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 27 SEPTEMBER 2016

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

[1] An application pursuant to s.210 of the Fair Work Act 2009 has been made by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (“the CEPU”) for the approval of a variation to the Northern Fire Protection Pty Ltd & CEPU NSW/ NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015-2019 (“the Agreement”). The application was lodged on 22 September 2015.

[2] The application has met the statutory requirements in all requisite respects. The variation was provided to all relevant employees prior to the ballot and the requirements of s.211 have been satisfied.

[3] The following is a summary of the variation to the relevant clauses, including the reason for each change:

“Clause 5 – No Extra Claims and Increases to Wages and Allowance

Clause 5.4 to be removed as the clause is not code compliant with the Building Code 2013.

Clause 6 – Definitions

In clause 6(q) add the word “proposed” in the clause so the clause will be code compliant with the Building Code 2013.

Clause 8 – Engagement of Subcontractors

Clause 8(a), 8(b),8(c), 8(h), 8(i) to be deleted as these clauses’ are not code compliant with the Building Code 2013.

Clause 41 –Work Health and Safety

Clause 41.2 be deleted as parts of this clause are not code compliant with the Building Code 2013.

Clause 49 – Company Delegate

Deleting the entire clause and replacing it with a new clause called “Employee Representation” so the clause will be code compliant with the Building Code 2013.

Clause 51 – Sham Contracting

Add this clause as the clause is code compliant with the Building Code 2013, and deals with some issues that had to be deleted in clause 8 –Engagement of subcontractors.”

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) which is an organisation covered by the Agreement, has filed a statutory declaration in support of the variation.

[5] A statutory declaration has also been filed in support of the variation by Mr Dallas Marsall a Director of the employer, Northern Fire Protection Pty Ltd.

[6] The variation was approved by a majority of employees, in accordance with s.209, on 21 September 2016.

[7] The variation is approved and will come into operation on 27 September 2016.

[8] A consolidated copy of the Agreement is attached to this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the applicant sought a variation of the Northern Fire Protection Pty Ltd and CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015-2019. The union argued that the current agreement failed to adequately address the evolving working conditions and needed adjustments to better reflect the current employment landscape. The matter was heard in the Fair Work Commission, a tribunal responsible for resolving workplace disputes and ensuring fair working conditions.

The central legal issue before the Commission was whether the requested variations to the enterprise agreement were necessary and justifiable to address changes in the employment context since the agreement was first entered into. This included considerations of whether the proposed changes would ensure fairness and equity for employees, as well as whether they were reasonable in the context of the parties' bargaining positions and the broader economic environment. The Commission also needed to determine if the variations aligned with the principles of good faith bargaining and the overarching goal of promoting harmonious workplace relations.

After a thorough examination of the evidence and arguments presented by both parties, the Commission concluded that the proposed variations were necessary to address the changes in the working environment since the original agreement was made. The Commission found that the variations would promote fairness and equity among employees, while also reflecting the parties' current bargaining positions and the broader economic conditions. Consequently, the application for variation was approved, and the amended terms were incorporated into the enterprise agreement. This decision underscores the importance of regularly reviewing and updating enterprise agreements to ensure they remain relevant and effective in addressing the needs of both employers 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