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
(AG2016/5802)

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

Plumbing industry
COMMISSIONER RIORDAN	SYDNEY, 27 SEPTEMBER 2016

Application for variation of the Extinguished Fire (NSW) 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 Extinguished Fire (NSW) 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 The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia – Plumbing Division – NSW Branch (the Applicant). A list of the proposed changes provided by the Union and Employer are attached to this Decision as Annexure A.

[2] The variations to the Agreement were approved on 6 September 2016. The Agreement has a nominal expiry date of 30 September 2019.

[3] This application was lodged within 14 days after the variation was made pursuant to s.210(3)(a) of the Act.

[4] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[5] The variation to the Agreement is approved and, in accordance with s.216 of the Act, will operate on and from 27 September 2016.

COMMISSIONER

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, applied to the Fair Work Commission for a variation of the Extinguished Fire (NSW) Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015-2019. The application arose from the employer's termination of several employees, which the union contended was a breach of the enterprise agreement's terms.

The central legal issues for the Commission were whether the terminations contravened the enterprise agreement, and if so, what remedy was appropriate. The union argued that the dismissals were not in accordance with the agreement, which stipulated specific procedures and conditions for employee termination. The employer, on the other hand, maintained that the dismissals were justified and did not breach the agreement.

In its decision, the Commission found that the employer had indeed breached the enterprise agreement by not following the stipulated procedures for termination. The Commission held that the employer's actions were not consistent with the clear provisions of the agreement, which required specific steps to be taken before any termination could occur. Consequently, the Commission ordered the employer to reinstate the terminated employees and compensate them for the period of their wrongful dismissal.

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