DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Ellis Air Conditioning Pty Ltd
(AG2017/6142)

ELLIS AIR CONDITIONING PTY LTD AND CEPU - PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2016-2019

Plumbing industry
DEPUTY PRESIDENT GOSTENCNIK	SYDNEY, 24 JANUARY 2018

Application for variation of the Ellis 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 Ellis Air Conditioning Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2016-2019 (the Agreement). The application was made by Ellis 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] 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 24 January 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Ellis Air Conditioning Pty Ltd sought a variation of the Ellis Air Conditioning Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2016-2019. The company argued that the agreement needed to be adjusted to allow for changes in the nature of work, which had shifted from a predominantly reactive maintenance role to a more proactive maintenance and installation role. The CEPU - Plumbing Division Victorian Branch opposed the application, contending that the proposed changes would negatively affect the employees' working conditions.

The central legal issues before the Commission were whether the changes sought by Ellis Air Conditioning Pty Ltd were bona fide attempts to adapt to genuine changes in the business environment and whether the proposed changes would be fair and reasonable in all the circumstances. The Commission examined the evidence presented by both parties, including the nature of the work Ellis Air Conditioning Pty Ltd was undertaking, the skills and qualifications of the employees, and the impact of the proposed changes on the employees' working conditions.

The Commission concluded that the changes sought by Ellis Air Conditioning Pty Ltd were bona fide attempts to adapt to genuine changes in the business environment. It was found that the nature of work had indeed evolved from a reactive maintenance role to a more proactive maintenance and installation role. The Commission also determined that the proposed changes were fair and reasonable in all the circumstances. The employees would continue to be employed under the terms of the enterprise agreement, and the changes would not result in a significant detriment to their working conditions. The Commission approved the variation of the enterprise agreement to reflect the changes in the nature of work at Ellis Air Conditioning Pty Ltd.

The Fair Work Commission varied the Ellis Air Conditioning Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2016-2019 to allow for changes in the nature of work at Ellis Air Conditioning Pty Ltd. The changes included the shift from a predominantly reactive maintenance role to a more proactive maintenance and installation role. The variation was effective from the date of the Commission's decision.

Ellis 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