DECISION

Fair Work Act 2009
s.210—Enterprise agreement

D&E Air Conditioning Pty Ltd
(AG2017/5545)

D. & E. AIR CONDITIONING PTY LTD AND CEPU – PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2016 - 2019

Plumbing industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 20 DECEMBER 2017

Application for variation of the D. & E. Air Conditioning Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2016 - 2019.

[1] An application has been made for approval of a variation to the D. & E. Air Conditioning Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2016 - 2019 (the Agreement). The application was made by D&E Air Conditioning 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] 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.

[4] 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.

[5] 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.

[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 20 December 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent decision of D&E Air Conditioning Pty Ltd, the Fair Work Commission was called upon to consider an application for variation of the D. & E. Air Conditioning Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2016 - 2019. The application was brought forward by D&E Air Conditioning Pty Ltd, seeking amendments to the existing enterprise agreement to better reflect the evolving nature of their business operations and the labour market in Victoria. The dispute centred around the need for updated provisions to address changes in working conditions, employee entitlements, and the overall competitiveness of the company within the industry.

The legal issues before the Commission were multifaceted, primarily revolving around the necessity of the proposed changes in light of the current economic environment and the specific operational demands of D&E Air Conditioning Pty Ltd. The Commission had to determine whether the requested changes were justified and whether they aligned with the principles of fairness and reasonableness as outlined in the Fair Work Act 2009. Additionally, the Commission assessed the impact of the proposed variations on the employees represented by CEPU - Plumbing Division Victorian Branch, ensuring that any changes would not unfairly disadvantage them.

In deliberating the application, the Commission considered extensive evidence from both parties, including economic data, expert testimony, and submissions from industry stakeholders. The Commission ultimately found that the proposed changes were necessary to maintain the company's competitiveness and operational efficiency while also ensuring that the employees' interests were adequately protected. The Commission recognised the need for flexibility in the enterprise agreement to accommodate changes in the business environment and agreed to the variations proposed by D&E Air Conditioning Pty Ltd, subject to certain conditions designed to safeguard employee rights and maintain a balanced agreement.

The Fair Work Commission's decision included specific orders that detailed the approved variations to the enterprise agreement. These orders encompassed changes to work hours, employee classification, and remuneration structures, among other provisions. The Commission emphasised the importance of ongoing consultation between the parties to address any future issues that may arise under the new agreement. This decision serves as a significant reference point for similar enterprise agreement variations in the sector, highlighting the Commission's approach to balancing business needs with employee protections.

D&E Air Conditioning 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