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

[2024] FWCA 1679

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

(AG2024/957)

DOOLAN PLUMBING PTY LTD AND CEPU - PLUMBING DIVISION - NSW BRANCH PLUMBING ENTERPRISE AGREEMENT 2023-2027

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 9 MAY 2024

Application for variation of the Doolan Plumbing 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 Doolan Plumbing Pty Ltd and CEPU - Plumbing Division – NSW Branch Plumbing Enterprise Agreement 2023–2027 (the Agreement). The application was made by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia pursuant to section 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 9 May 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of an application for variation of the Doolan Plumbing Pty Ltd and CEPU - Plumbing Division – NSW Branch Plumbing Enterprise Agreement 2023–2027, the court was presented with a dispute between Doolan Plumbing Pty Ltd and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. The matter concerned an application to vary certain provisions of the enterprise agreement. The application was brought before the Fair Work Commission.

The central legal issues that the Commission had to resolve were whether the proposed variations to the enterprise agreement were in line with the statutory requirements and if they would serve the best interests of the employees. The Commission had to consider whether the changes were necessary due to changed circumstances, if they were procedurally fair, and if they were fair and reasonable in the context of the enterprise agreement. The application also needed to be evaluated in terms of its compliance with the Fair Work Act 2009.

In assessing the application, the Fair Work Commission took into account the evidence presented by both parties and examined the necessity and reasonableness of the proposed variations. The Commission considered the changed circumstances that necessitated the changes, as well as the impact on the employees and the balance of interests between the employer and the employees. The Commission concluded that the proposed variations met the statutory criteria and were in the best interests of the employees. As a result, the application for variation was approved, and the necessary amendments were made to the enterprise agreement.

The final orders included the approval of the variations to the enterprise agreement, with specific changes to the provisions as proposed by the applicant. The new agreement was to be implemented with immediate effect, and both parties were required to adhere to the updated terms. The decision was communicated to both Doolan Plumbing Pty Ltd and the CEPU - Plumbing Division – NSW Branch, and they were directed to follow the amended agreement.

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