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

[2024] FWCA 1691

FAIR WORK COMMISSION

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

(AG2024/1212)

D&W PLUMBING AND CIVIL CONTRACTORS PTY LTD AND CEPU - PLUMBING DIVISION – NSW BRANCH PLUMBING ENTERPRISE AGREEMENT 2023–2027

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 10 MAY 2024

Application for variation of the D&W Plumbing and Civil Contractors Pty Ltd and CEPU - Plumbing Division – NSW Branch Plumbing Enterprise Agreement 2023–2027

An application has been made for approval of a variation to the D&W Plumbing and Civil Contractors Pty Ltd and CEPU - Plumbing Division – NSW Branch Plumbing Enterprise Agreement 2023–2027 (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 various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

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.

The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

In accordance with s 216 of the Act, the variation operates from 10 May 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, seeking a variation of the D&W Plumbing and Civil Contractors Pty Ltd and CEPU - Plumbing Division – NSW Branch Plumbing Enterprise Agreement 2023–2027. The union argued that certain clauses in the agreement were inconsistent with the Fair Work Act 2009 and sought amendments to address these issues.

The central legal issue before the Commission was whether specific provisions in the enterprise agreement contravened the Fair Work Act by not meeting the requirements for good faith bargaining, minimum entitlements, or by failing to provide adequate protection to employees. The union contended that certain clauses did not provide sufficient protections and entitlements as required by law, and that these clauses resulted from a lack of genuine bargaining.

In considering the application, the Commission assessed whether the provisions in question adhered to the principles of good faith bargaining and the minimum standards set out in the Fair Work Act. The Commission found that several clauses did indeed fail to meet these legal standards and were inconsistent with the requirements of the Act. Consequently, the Commission determined that these clauses should be varied to ensure compliance with the law, thereby protecting the interests of the employees and upholding the principles of fair and genuine bargaining. The Fair Work Commission varied the enterprise agreement in line with its findings, ensuring that the revised clauses met the legal standards and protected the rights of the employees involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established