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

[2016] FWCA 6951

[2016] FWCA 6951

FAIR WORK COMMISSION

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

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