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

[2024] FWCA 1689

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

(AG2024/983)

CENTRAL PLUMBING (NSW) PTY LTD AND CEPU - PLUMBING DIVISION – NSW BRANCH PLUMBING ENTERPRISE AGREEMENT 2023-2027

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 10 MAY 2024

Application for variation of the Central Plumbing (NSW) 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 Central Plumbing (NSW) 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 case involves an application for the variation of the Central Plumbing (NSW) Pty Ltd and CEPU – Plumbing Division – NSW Branch Plumbing Enterprise Agreement 2023–2027. The applicant, CEPU, sought to amend the enterprise agreement in response to changes in the industry and workforce conditions. The case was heard in the Fair Work Commission.

The central legal issue before the court was whether the proposed variations to the enterprise agreement were necessary and appropriate to address the changing conditions in the plumbing industry. The court was required to consider whether the variations would maintain fairness and equity for the employees and ensure the agreement remained a bona fide enterprise agreement.

The court found that the proposed variations were necessary to address the evolving nature of the plumbing industry, particularly in light of technological advancements and changes in workforce expectations. The court considered that the variations would maintain fairness for employees by ensuring that the agreement continued to reflect the current realities of the industry. The court concluded that the variations were appropriate and in the interests of maintaining a fair and balanced enterprise agreement. Consequently, the court granted the application for variation.

The Fair Work Commission ordered that the Central Plumbing (NSW) Pty Ltd and CEPU – Plumbing Division – NSW Branch Plumbing Enterprise Agreement 2023–2027 be varied as per the terms set out in the application. This decision ensures that the agreement remains relevant and effective in addressing the needs of both employers and employees in the plumbing industry.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established