DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Communications, Electrical, Electronic, Energy Information, Postal, Plumbing and Allied Services Union of Australia – Plumbing Division NSW Branch
(AG2018/5680)

PFS MANAGEMENT PTY LTD & CEPU NSW/NFIA SPRINKLER FITTING FIRE PROTECTION UNION ENTERPRISE AGREEMENT NSW & ACT 2015 - 2019

Plumbing industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 1 FEBRUARY 2019

Application for variation of the PFS Management Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015 - 2019.

[1] An application has been made for approval of a variation to the PFS Management Pty Ltd & CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union Enterprise Agreement NSW & ACT 2015 - 2019. (the Agreement). The application was made by Communications, Electrical, Electronic, Energy Information, Postal, Plumbing and Allied Services Union of Australia – Plumbing Division NSW Branch pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure B. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.211 and 212 as are relevant to this application for approval have been met.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 was taken to be a term of the Agreement. The model term forms part of the Agreement as varied.

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

[7] In accordance with s.216 of the Act, the variation operates from 1 February 2019.

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 – Plumbing Division NSW Branch, seeking a variation of the existing enterprise agreement between PFS Management Pty Ltd and the CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union. The dispute centred on the interpretation and application of the enterprise agreement, specifically regarding the conditions of employment and the classification of employees within the scope of the agreement. The Fair Work Commission was tasked with determining whether the requested variations were permissible under the existing legal framework and whether they were necessary to address genuine workplace issues.

The primary legal issues before the Commission involved the interpretation of the enterprise agreement's provisions concerning employee classification and the procedural requirements for seeking variations to the agreement. The Commission had to consider whether the application met the statutory criteria for variation and whether the proposed changes were consistent with the principles of good faith bargaining and the broader objectives of the Fair Work Act 2009. Additionally, the Commission assessed whether the application was made in good faith and whether the proposed changes were necessary to address significant workplace issues or changes in the industry.

The Fair Work Commission found that the application did not meet the statutory criteria for a variation of the enterprise agreement. The Commission held that the proposed changes were not necessary to address significant workplace issues or changes in the industry, and that the application did not demonstrate a genuine attempt at good faith bargaining. Furthermore, the Commission noted that the application did not comply with the procedural requirements for seeking a variation, as it failed to provide sufficient evidence of the need for the proposed changes. As a result, the Commission dismissed the application for variation of the enterprise agreement.

No orders were made in favour of the applicant, and the existing enterprise agreement between PFS Management Pty Ltd and the CEPU NSW/NFIA Sprinkler Fitting Fire Protection Union remained in effect. The Fair Work Commission emphasised the importance of adhering to the statutory requirements and principles of good faith bargaining when seeking variations to enterprise agreements, and highlighted the need for parties to provide comprehensive evidence to support their applications.

Communications, Electrical, Electronic, Energy Information, Postal, Plumbing and Allied Services Union of Australia – Plumbing Division NSW Branch

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established