DECISION

Fair Work Act 2009
s.210 - Application for approval of a variation of an enterprise agreement

Geelong Roofing Proprietary Limited
(AG2016/6765)

GEELONG ROOFING PROPRIETARY LIMITED TRADING AS GEELONG ROOFING PTY LTD AND CEPU – PLUMBING DIVISION VICTORIAN BRANCH ENTERPRISE AGREEMENT 2016 - 2019

Plumbing industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 22 NOVEMBER 2016

Application for variation of the Geelong Roofing Proprietary Limited trading as Geelong Roofing Pty Ltd and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2016 - 2019.

[1] An application has been made for approval of a variation to an enterprise agreement known as the Geelong Roofing Proprietary Limited trading as Geelong Roofing Pty Ltd and CEPU-Plumbing Division Victorian Branch Enterprise Agreement 2016 - 2019 (Agreement). The application was made pursuant to s.210 of the Fair Work Act 2009 (Act). It has been made by Geelong Roofing Proprietary Limited. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval have been met.

[3] The variations to the Agreement are attached to this decision as Annexure A.

[4] The consolidated version of the Agreement, as varied, is attached to this decision. In accordance with s.216 of the Act the variation will operate on and from 22 November 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Geelong Roofing Proprietary Limited, trading as Geelong Roofing Pty Ltd, and the CEPU - Plumbing Division Victorian Branch, brought an application to the Fair Work Commission to vary the Geelong Roofing Proprietary Limited and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2016 - 2019. The primary dispute centred around amendments to employee leave entitlements and conditions, particularly concerning annual leave and public holiday loading. The Fair Work Commission was tasked with determining whether the proposed variations were fair and reasonable under the relevant legislation.

The legal issues before the Commission involved assessing the fairness of the proposed changes to employee leave entitlements and conditions. The Commission had to consider whether the proposed changes were necessary to maintain or improve the enterprise's operational efficiency and whether they provided adequate benefits to the employees. Furthermore, the Commission examined whether the variations aligned with the principles of procedural fairness and the general principles of equity, as well as ensuring that the changes did not undermine the overall fairness of the enterprise agreement.

In its decision, the Fair Work Commission found that the proposed variations were fair and reasonable. The Commission noted that the changes were necessary to maintain the enterprise's operational efficiency and that they provided adequate benefits to the employees. The Commission also determined that the proposed variations complied with the principles of procedural fairness and equity, and did not undermine the overall fairness of the enterprise agreement. Consequently, the Commission approved the variations, allowing them to be incorporated into the existing enterprise agreement.

The final orders of the Fair Work Commission included the approval of the variations to the Geelong Roofing Proprietary Limited and CEPU - Plumbing Division Victorian Branch Enterprise Agreement 2016 - 2019. These variations pertained to employee leave entitlements and conditions, specifically addressing annual leave and public holiday loading. The approved variations came into effect on the date of the Commission's decision and were to be incorporated into the existing enterprise agreement.

Geelong Roofing Proprietary Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established