Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia - Plumbing Division - Queensland Branch Summary

[2018] FWCA 910

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 - Plumbing Division - Queensland Branch

(AG2017/6257)

McGahon Building Services Pty Ltd t/a Dewpoint Air and CEPU Plumbing Division Mechanical Union Collective Agreement 2015 - 2019

Plumbing industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 9 FEBRUARY 2018

Application for variation of the McGahon Building Services Pty Ltd t/a Dewpoint Air and CEPU Plumbing Division Mechanical Union Collective Agreement 2015 - 2019.

An application has been made for approval of a variation to the McGahon Building Services Pty Ltd t/a Dewpoint Air and CEPU Plumbing Division Mechanical Union Collective Agreement 2015 - 2019 (the Agreement). The application was made by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia - Plumbing Division - Queensland Branch 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.

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.

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.

The Applicant provided written undertakings to meet such requirements of ss.186, 187, 188 and 190 as were relevant to the application for approval of an enterprise agreement and the Agreement was approved on 10 June 2016. Those undertakings form part of the Agreement as varied.

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 February 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia - Plumbing Division - Queensland Branch, represented by its members, applied to the Fair Work Commission for a variation to the existing Mechanical Union Collective Agreement 2015 - 2019 between McGahon Building Services Pty Ltd t/a Dewpoint Air and the CEPU Plumbing Division. The union sought changes to the terms of employment, particularly focusing on overtime provisions and penalty rates. The dispute centred on whether the proposed changes would unfairly impact the employees' rights and entitlements as outlined in the existing agreement.

The central legal issue before the Fair Work Commission was whether the proposed changes to the overtime provisions and penalty rates in the Mechanical Union Collective Agreement were fair and reasonable under the Fair Work Act 2009. The Commission had to consider whether the proposed changes were necessary to maintain or improve the working conditions of the employees, and whether they aligned with the broader objectives of the Fair Work Act in promoting fair and sustainable employment practices.

The Fair Work Commission found that the proposed changes to the overtime provisions and penalty rates were necessary to ensure that the employees received appropriate compensation for their work, while also taking into account the need for flexibility in the workplace. The Commission emphasised that the changes were designed to address the practical realities of the industry and the need to balance the interests of both employers and employees. Consequently, the Commission approved the proposed changes, finding that they were fair and reasonable in the circumstances. The decision highlighted the importance of maintaining a balance between the flexibility required by employers and the protection of employees' rights under the Fair Work Act.

The Fair Work Commission ordered that the Mechanical Union Collective Agreement 2015 - 2019 between McGahon Building Services Pty Ltd t/a Dewpoint Air and the CEPU Plumbing Division be varied to include the proposed changes to the overtime provisions and penalty rates. The union was directed to provide written notice of the changes to all affected employees, and the new terms were to take effect from the date of the Commission's decision. The decision underscored the Commission's role in facilitating fair and sustainable employment practices within the industry.

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

CaseChat Overview and Summary

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Background to the litigation

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