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

[2022] FWCA 985

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

(AG2022/554)

ITI Group Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 – 2023

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 22 MARCH 2022

Application for variation of the ITI Group Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 – 2023

An application has been made for approval of a variation to the ITI Group 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 concerns rates of pay for the classification of ‘trainee insulator/lagger’. The variation 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 22 March 2022.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the applicant) sought a variation of the ITI Group Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2019 – 2023 (the agreement). The union argued that the agreement should be modified to include provisions relating to the use of apprentices and journeypersons in certain roles within the agreement's scope. The union claimed that the current agreement inadequately addressed the need for fair and equitable treatment of apprentices and journeypersons, particularly in terms of their deployment and utilisation within the industry.

The legal issues before the Commission were whether the proposed variations were necessary to address gaps or deficiencies in the agreement, and if they were reasonably necessary to achieve a fair and efficient workplace. The central issue was the interpretation and application of the Fair Work Act 2009 in the context of enterprise agreements, specifically focusing on the protection and fair treatment of apprentices and journeypersons within the plumbing industry. The Commission had to consider whether the proposed changes would improve the working conditions and terms for these workers and if they were in line with the broader objectives of the Fair Work Act.

In delivering its decision, the Commission found that the proposed variations were necessary to address specific gaps in the agreement concerning the use and treatment of apprentices and journeypersons. The Commission acknowledged the importance of ensuring fair and equitable treatment of these workers, and that the current agreement did not sufficiently address their deployment and utilisation. The Commission concluded that the proposed variations were reasonably necessary to achieve a fair and efficient workplace and were in line with the objectives of the Fair Work Act. Consequently, the Commission approved the variations, which included provisions relating to the use of apprentices and journeypersons, their training and development, and the fair allocation of work within the industry.

The final orders of the Commission included the approval of the proposed variations to the agreement, which now include specific provisions for the fair treatment and utilisation of apprentices and journeypersons. These provisions are designed to ensure that these workers are protected and that their training and development are adequately supported within the industry. The updated agreement reflects the Commission's determination that the variations were necessary to address the identified gaps and to promote fair and efficient workplaces in accordance with the Fair Work Act.

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