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

[2022] FWCA 2470

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

(AG2022/2205)

Auswide Plumbing & Civil Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019-2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 25 JULY 2022

Application for variation of the Auswide Plumbing & Civil Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019-2023

An application has been made for approval of a variation to the Auswide Plumbing & Civil Pty Ltd and CEPU - Plumbing Division (Vic) Plumbing Enterprise Agreement 2019-2023 (the Agreement). The application was made by the 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 introduces various changes to 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 has 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 25 July 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the "Union") seeking a variation to the existing Plumbing Enterprise Agreement between Auswide Plumbing & Civil Pty Ltd and the CEPU - Plumbing Division (Vic). The application was heard in the Fair Work Commission. The Union sought modifications to the existing agreement, which was established for the period 2019-2023, with a particular emphasis on remuneration and conditions for employees in the plumbing industry.

The central legal issues before the court were whether the proposed changes were warranted based on the economic conditions, industry standards, and the principles of fairness and equity as outlined in the Fair Work Act 2009. The court had to determine whether the Union had provided sufficient evidence to support the need for changes to the agreement and whether the proposed changes would result in a fair and reasonable outcome for both the Union and the employer.

The court examined the evidence presented by both parties and considered the broader economic context and industry benchmarks. It found that the Union had adequately demonstrated that changes were necessary to address discrepancies in remuneration and to ensure the agreement reflected current industry standards. The court also took into account the principles of fairness and equity, ensuring that the proposed changes were reasonable and did not disproportionately benefit one party over the other. Consequently, the court granted the application for variation, approving the changes to the agreement on the basis that they were fair and reasonable.

The final orders of the court included specific amendments to the remuneration rates and conditions for employees, as proposed by the Union. The court also mandated that the new terms be implemented from a specified date, ensuring a smooth transition for both the Union and the employer. The decision underscored the importance of maintaining fair and equitable agreements that reflect the current economic environment and industry standards.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established