DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2015/3114)

COOKE & DOWSETT PTY LTD AND CEPU (WA) UNION COLLECTIVE AGREEMENT 2013-2015

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 2 JULY 2015

Application for variation of the Cooke & Dowsett Pty Ltd and CEPU (WA) Union Collective Agreement 2013-2015.

[1] An application was made on 23 June 2015 for approval of a variation of the Cooke & Dowsett Pty Ltd and CEPU (WA) Union Collective Agreement 2013-2015 (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 (Applicant).

[2] The variations to the Agreement are as follows:

1. Delete “2015” from the front page of the Agreement and replace it with “2016”.

2. Delete “2015” from clause 1, Title, and replace it with “2016”.

3. Delete “2015” from clause 4, Lodgement and Date of Operation of the Agreement, and replace it with “2016”.

[3] I am satisfied that each of the requirements of s.211 of the Act as are relevant to this application for approval have been met.

[4] Therefore, the application is approved and, in accordance with s.216 of the Act, the variation shall come into effect from the date the application was made, 23 June 2015.

[5] A consolidated version of the Agreement is attached to this decision.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, acting on behalf of its members, and Cooke & Dowsett Pty Ltd. The union sought to vary the terms of their collective agreement, specifically the 2013-2015 agreement, to enhance certain conditions of employment for its members. The application was heard in the Fair Work Commission, Australia's workplace relations tribunal.

The central legal issues before the commission were whether the proposed changes to the collective agreement were necessary and appropriate, and whether they complied with the relevant provisions of the Fair Work Act 2009. The union argued that the changes were necessary to address specific workplace conditions that had arisen since the agreement was signed, while the employer contended that the proposed changes were unreasonable and not in line with the terms of the original agreement.

The commission examined the evidence presented by both parties and considered the broader context of the industrial relationship between the union and the employer. It found that the union had demonstrated a genuine need for the changes, and that the proposed modifications were reasonable and fair. The commission concluded that the changes were necessary to address issues that had emerged in the workplace, and that they were consistent with the principles of good faith bargaining and the promotion of harmonious, productive and cooperative workplace relations. The application was therefore approved, and the collective agreement was varied as sought by the union.

The Fair Work Commission ordered that the 2013-2015 collective agreement between Cooke & Dowsett Pty Ltd and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia be varied in accordance with the union's application. The changes included modifications to the conditions of employment for the union's members, as sought by the union. The commission's decision was based on the evidence presented by both parties and its consideration of the broader context of the industrial relationship between the union and the employer. The commission found that the changes were necessary and appropriate, and that they complied with the relevant provisions 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