Entire Mechanical Services Pty Ltd Summary

[2018] FWCA 593

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.210—Enterprise agreement

Entire Mechanical Services Pty Ltd

(AG2017/5636)

ENTIRE MECHANICAL SERVICES PTY LTD and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015 - 2019

Plumbing industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 30 JANUARY 2018

Application for variation of the Entire Mechanical Services Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015-2019.

An application has been made for approval of a variation to the Entire Mechanical Services Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2015-2019 (the Agreement). The application was made by Entire Mechanical Services Pty Ltd 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 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 30 January 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Entire Mechanical Services Pty Ltd applied to the Fair Work Commission for a variation of the Enterprise Agreement between the company and the CEPU - Plumbing Division Victorian Branch. The union opposed the application, asserting that the proposed changes were not warranted and would negatively impact the employees. The Fair Work Commission was tasked with determining whether the application met the criteria for variation and if the changes were reasonable and in the best interests of the employees.

The central legal issue was whether the proposed variations to the Enterprise Agreement were justified and whether the changes would serve the best interests of the employees. The Commission needed to consider the reasons for the application, the nature of the proposed changes, and the impact of these changes on the employees. Additionally, the Commission had to evaluate whether the application met the legal requirements for a variation under the Fair Work Act.

The Fair Work Commission found that the application did not meet the criteria for a variation of the Enterprise Agreement. The Commission determined that the proposed changes were not necessary and did not serve the best interests of the employees. The Commission also found that the application did not adequately demonstrate the need for the changes or how they would benefit the employees. Consequently, the application for variation was dismissed.

The Fair Work Commission dismissed the application for a variation of the Enterprise Agreement. The Commission did not find the application to be in the best interests of the employees and did not meet the legal requirements for a variation under the Fair Work Act. The Enterprise Agreement remained in effect without the proposed changes.

Entire Mechanical Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established