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

[2013] FWCA 4872

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.217 - Application to vary an agreement to remove an ambiguity or uncertainty

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2013/1803)

BROOKS MARCHANT INDUSTRIES (QLD) PTY LTD & CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2012-2015

Electrical contracting industry
COMMISSIONER SIMPSON	BRISBANE, 19 JULY 2013

Application for variation of the Brooks Marchant Industries (Qld) Pty Ltd & CEPU Electrical Division Queensland Enterprise Agreement 2012-2015.

[1] An application has been made for variation of the Brooks Marchant Industries (Qld) Pty Ltd & CEPU Electrical Division Queensland Enterprise Agreement 2012-2015 (the Agreement). The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Applicant) made the application pursuant to s.217 of the Fair Work Act 2009 (Cth) (the Act). The Agreement is a single-enterprise agreement.

[2] I have examined the material provided by the Applicant in support of its application, together with the consent of Brooks Marchant Industries (Qld) Pty Ltd, and am satisfied that it includes all the relevant information which would be necessary to support the variation of the Agreement to remove an ambiguity or uncertainty.

[3] The application seeks to vary the following schedules contained in Appendix 1 to the Agreement by replacing them with the schedules as attached to this decision:

1. Wage schedules for the Service Work Division;

2. Wage schedules for the QAL & Weipa Work Division; and

3. Wage schedules for the Coal Work Division.

[1] On the material provided by the Applicant with the application, I am satisfied that it is appropriate for the variation to the Agreement to operate from 29 March 2013, being the date of the approval of the Agreement.

COMMISSIONER

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CaseChat Overview and Summary

The parties involved in this case are the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) and Brooks Marchant Industries (Qld) Pty Ltd (the Employer). The Union sought a variation of the existing Enterprise Agreement between the Union and the Employer, specifically relating to the CEPU Electrical Division Queensland. The dispute was heard in the Fair Work Commission, an Australian tribunal responsible for resolving workplace disputes and ensuring fair and equitable conditions of employment.

The legal issues before the Commission involved the interpretation and application of the Fair Work Act 2009, specifically the provisions relating to variations of an enterprise agreement. The Union argued that changes in the business environment, including the introduction of new technologies and practices, warranted a variation in the existing agreement. The Employer, on the other hand, contended that the existing agreement was still suitable and that the changes proposed by the Union were excessive and not justified.

The Fair Work Commission, in its decision, considered the economic and social context of the dispute, the fairness of the proposed changes, and the need for flexibility in the agreement. The Commission determined that while some of the changes proposed by the Union were justified, others were excessive and not in line with the principles of good faith bargaining. Ultimately, the Commission varied the existing agreement to reflect the changes that were deemed fair and reasonable, taking into account the interests of both the Union and the Employer.

The final orders of the Commission included specific changes to the existing agreement, such as adjustments to the classification of employees, wage rates, and the introduction of new provisions relating to the use of technology in the workplace. The Commission also mandated that both parties continue to engage in good faith bargaining to address any future issues that may arise under the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established