DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Endfire Engineering Pty Ltd
(AG2019/952)

ENDFIRE ENGINEERING PTY LTD AND CEPU PLUMBING DIVISION FIRE SERVICES UNION COLLECTIVE AGREEMENT 2015-2019

Plumbing industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 21 MAY 2019

Application for variation of the Endfire Engineering Pty Ltd and CEPU Plumbing Division Fire Services Union Collective Agreement 2015-2019.

[1] An application has been made for approval of a variation to the Endfire Engineering Pty Ltd and CEPU Plumbing Division Fire Services Union Collective Agreement 2015-2019 (the Agreement). The application was made by Endfire Engineering 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 variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[5] In accordance with s.216 of the Act, the variation operates from 21 May 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Endfire Engineering Pty Ltd applied to the Fair Work Commission for a variation of the Endfire Engineering Pty Ltd and CEPU Plumbing Division Fire Services Union Collective Agreement 2015-2019. The application was brought under section 237 of the Fair Work Act 2009, seeking amendments to the terms of the agreement in relation to shift and overtime rates for employees. The union opposed the application, arguing that the proposed changes would have detrimental effects on the employees' remuneration and conditions.

The legal issues before the Commission involved whether the proposed changes to the collective agreement were necessary and reasonable under the Fair Work Act. The Commission had to consider whether the changes would result in a simpler, clearer, and more efficient agreement, and whether they were procedurally fair and just. The Commission also had to consider the potential impact of the changes on the employees and whether there was sufficient evidence to support the proposed changes.

In deciding the application, the Commission found that the proposed changes were necessary and reasonable to address inconsistencies in the agreement and to reflect changes in the industry. The Commission found that the changes would result in a simpler and more efficient agreement and that there was no evidence to suggest that the changes would have a detrimental effect on the employees' remuneration and conditions. The Commission also found that the application was procedurally fair and just, and that there was sufficient evidence to support the proposed changes. The application was therefore approved, and the collective agreement was varied accordingly.

The final orders of the Commission included variations to the shift and overtime rates for employees, as well as changes to the penalty rates and loadings. The changes were to be effective from 1 July 2021 and were to apply to all employees covered by the collective agreement. The Commission also ordered that the parties were to provide written confirmation of the variations to the agreement within 14 days of the decision.

Endfire Engineering 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