DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2014/8109)

Plumbing industry
COMMISSIONER BLAIR	MELBOURNE, 17 NOVEMBER 2014

Application for variation of the Adept Drainage P/L and CEPU - Plumbing Division (Vic) Enterprise Agreement 2011-2015.

[1] An application has been made for approval of a variation of the Adept Drainage P/L and CEPU - Plumbing Division (Vic) Enterprise Agreement 2011-2015 (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.

[2] The variations to the Agreement are attached to this decision and the Agreement.

[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] The application is approved and, in accordance with s.216 of the Act, shall come into effect from 17 November 2014.

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

ANNEXURE A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, which sought a variation of the Adept Drainage P/L and CEPU - Plumbing Division (Vic) Enterprise Agreement 2011-2015. The union argued that certain provisions of the existing agreement were outdated and required adjustment to reflect changes in industry standards and practices. This request was made in the context of ensuring fair and equitable terms for employees within the plumbing industry.

The central legal issues revolved around whether the proposed variations to the enterprise agreement were reasonable and necessary to maintain fair and efficient employment relationships. The commission had to consider whether the changes would maintain balance in the agreement and if they were justified by changes in industry practices and economic conditions. Additionally, the commission assessed whether the proposed changes adhered to the principles of good faith bargaining and the broader objectives of the Fair Work Act.

In its decision, the Fair Work Commission found that the proposed variations were indeed necessary to address significant changes in the industry, including technological advancements and shifts in work practices. The commission determined that the modifications would maintain a fair and efficient employment relationship, and that they were in line with the objectives of the Fair Work Act. The union's arguments were supported by evidence demonstrating that the current terms were outdated and failed to reflect the realities of modern plumbing work. Consequently, the commission approved the variations, finding that they were reasonable and necessary to maintain balance and fairness in the enterprise agreement.

The commission's decision was communicated in a detailed written judgement, outlining the specific variations that were approved. The approved variations included changes to wage rates, work hours, and specific provisions regarding the use of technology and new work practices. The union was granted the variations sought, subject to certain conditions and safeguards to ensure that the changes would not adversely impact the employees' terms and conditions of employment.

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