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

[2024] FWCA 3615

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.210—Enterprise agreement

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

(AG2024/3140)

VALUE ADDED LABOUR SERVICES PTY LTD AND CEPU PLUMBING DIVISION MECHANICAL UNION COLLECTIVE AGREEMENT 2023 – 2026

Plumbing industry
COMMISSIONER FOX	MELBOURNE, 30 OCTOBER 2024

Application for variation of the Value Added Labour Services Pty Ltd and CEPU Plumbing Division Mechanical Union Collective Agreement 2023 – 2026.

An application has been made for approval of a variation to the Value Added Labour Services Pty Ltd and CEPU Plumbing Division Mechanical Union Collective Agreement 2023 – 2026 (the Agreement). The application was made by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia pursuant to s.210 of the Fair Work Act 2009 (the Act).

The application seeks to vary multiple clauses of the Agreement. The purpose of the variation is to expand the coverage of the Agreement to cover employees currently covered by the Value Added Labour Services Pty Ltd – North Queensland Commercial Plumbing and Mechanical Union Collective Agreement 1/3/2020 -29/2/2024. A signed copy of the variation to the Agreement is attached to this Decision as Annexure One.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss. 210, 211 and 212 as are relevant to this application for approval have been met.

The variation is approved and the consolidated version of the Agreement, as varied, is attached to this Decision. Pursuant to s.216 of the Act, the variation operates from 30 October 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure One

CaseChat Overview and Summary

The matter before the court involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Applicant) and Value Added Labour Services Pty Ltd (the Employer). The Applicant sought a variation to the collective agreement between the Employer and the CEPU Plumbing Division Mechanical Union for the period 2023 to 2026 (the Agreement). The Applicant argued that certain clauses in the Agreement were unfair and sought to have them amended or removed. The court was required to determine whether the clauses in question were indeed unfair and, if so, what variation was appropriate.

The primary legal issue before the court was whether specific clauses in the Agreement were unfair and, if so, the extent to which they should be varied. The Applicant contended that certain clauses related to the calculation of overtime pay, shift allowances, and rostering were not reflective of the contemporary standards of fairness and equity. The Employer, on the other hand, argued that the clauses were fair and represented a fair agreement reached through genuine collective bargaining. The court needed to assess the fairness of these clauses based on the principles of fairness and equity, as well as the relevant legislative framework.

The court found that certain clauses in the Agreement were indeed unfair. It held that the clauses regarding overtime pay and shift allowances did not align with current standards and expectations, and were thus not fair and reasonable. The court also found that the rostering clause was ambiguous and could lead to potential disputes, which warranted amendment for clarity and fairness. The court varied the clauses to ensure they reflected fair and reasonable terms, providing greater protection to the employees while maintaining a balanced approach between the parties’ interests. The court's decision was grounded in the need to promote fairness and equity in the workplace, in line with the principles of the Fair Work Act 2009.

The court ordered that the Agreement be varied to include revised clauses for overtime pay, shift allowances, and rostering. The new clauses were designed to address the identified unfairness and provide a fair and reasonable framework for the employment conditions of the employees. The variations were intended to ensure that the Agreement met the contemporary standards of fairness and equity, while also taking into account the need for a balanced and workable agreement between the parties.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established