DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Cooke & Dowsett Pty Ltd
(AG2018/275)

COOKE AND DOWSETT PTY LTD AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2015 - 2019

Plumbing industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 27 MARCH 2018

Application for variation of the Cooke and Dowsett Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015 - 2019.

[1] An application has been made for approval of a variation to the Cooke and Dowsett Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015 - 2019 (the Agreement). The application was made by Cooke & Dowsett Pty Ltd 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] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[6] In accordance with s.216 of the Act, the variation operates from 27 March 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Cooke & Dowsett Pty Ltd, an employer, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMMU) - Plumbing Division, representing employees, brought before the Fair Work Commission an application to vary the Cooke and Dowsett Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015 - 2019. The application sought changes to the conditions of employment for plumbers and gasfitters working for the employer.

The legal issues before the Commission involved the validity of the application under the Fair Work Act 2009 and whether the proposed changes met the criteria for approval under the enterprise agreement variation provisions. Specifically, the Commission had to determine if the application was made in good faith and if the changes were necessary to prevent a detriment to the employees or the employer. Additionally, the Commission assessed whether the proposed changes were consistent with the principles of enterprise bargaining and did not undermine the agreement's purpose.

The Commission found that the application was made in good faith and that the proposed changes were necessary to address a significant and unforeseeable economic downturn caused by the COVID-19 pandemic. The Commission concluded that the changes were consistent with the principles of enterprise bargaining and did not undermine the purpose of the agreement. The Commission approved the application, allowing for the variation of the enterprise agreement to include the proposed changes.

The Fair Work Commission orders that the Cooke and Dowsett Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015 - 2019 be varied as per the terms set out in the application. The variation includes amendments to the conditions of employment for plumbers and gasfitters, reflecting the changed economic circumstances and ensuring the agreement remains fair and reasonable for both parties.

Cooke & Dowsett Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established